Ser tax: joint development agreement

Sunil (CA in Practice) (94 Points)

20 January 2014  

Dear All,

Good Day!!

 

Kindly if any of you can throw show some light on the following query w.r.t Laws prevailing in Chennai, Tamilnadu?

 

Landlord "Mr. A" enters a Joint Development agreement with his own company "M/s. ABC P Ltd." for developing land and constructing residential complexes with following conditions:

1) M/s. ABC P Ltd to develop, construct and market the "Villas"

2) Mr. A to get 30% of the Total Sale value for the Land provided.

3) Land is apportioned into various plots for construction and sales.

4) M/s. ABC starts developing Land, and in the course of construction books One flat for a customer "Mr. C" and received advance payments on various dates (say), viz.:

      (a) On 20-Apr-13: Rs. 2,00,000/-

      (b) On 20-May-13: Rs. 2,00,000/-

      (c) On 20-Jun-13: Rs. 2,00,000/-

      (d) On 20-Jul-13: Rs. 2,00,000/-

      (e) On 20-Aug-13: Rs. 2,00,000/-

4) Also, note the Plot has been registered in the name of Mr. C on 30-Apr-13 for a Registered Valuation of Rs. 2,00,000/-

5) Question: What will be the service tax liability for various instalments received,

  a) If the Plots are inside a gated community ?

  b) If the various Plots under construction are adjacent plots but not inside a gated community, and will not have any common area to be shared by the Plot owners ?

  c) If the Vilas are sold after obtaining completion certificate, with no advance received earlier?

  d) If the vilas are handed over to Landlord as consideration instead of 30% share?

Thanks in advance for your replies and answers...