Joint development

This query is : Resolved 

13 July 2013 Please clarify the tax liability on the below topic

One of my client has entered a joint venture with a builder where in the both Parites will have equal share.

The site is demolished and the builder has taken up the construction of 12 flats 6 for builder and 6 for the owner.

The Owner has not sold the Land. Now the owner of the land has received Rs.500000/- as refundable deposit and Rs.750000 as Non refundable amount as goodwill.

Wheather the amount of Goodwill received is taxable under Income Tax, if yes under which section and Head.

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Guest (Expert)
14 July 2013 14.07.2013

Dear Raghavan,

Rs. 7,50,000/- is the Goodwill received by your client towards surrender of development rights to the Builder which can be argued under Section 10(38) and 50(C)to be non-taxable income under the head Profits & Gains from Business or Profession.

Regards,

15 July 2013 it is not clear whether your client is individual or business entity




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