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GST Review May-2025

GST on Development of Freehold Land and Builder & Developers under Area Sharing & Revenue Sharing Model

Dinesh M Tambde
Introduction Taxability of real estate transactions has been a complex issue under the erstwhile as well as the present indirect tax laws. It involves several aspects to be considered while discharging GST by the land owner builders or developers. This article has attempted to throw light on taxability of real estate projects commenced after 01/04/2019 with regard to development of freehold land and the Joint Development Agreement (JDA) either with Area Sharing or Revenue Sharing. An activity of construction of flats/units for sale during construction of the same is covered in the provisions of Scope of Supply under Section 7 of the Central Goods and Services Tax, 2017 (CGST Act). Sub-section (1A) of said Section 7 read with Schedule II, Para 5(b) specifies that an activity of construction of complex, building, civil structure and so on, intended for sale to a buyer shall be treated as supply of service. However, it provides an exception in cases whe.......