Question ID :
if an individual own a land & Builder approached the land owner for housing project by executing JDA (Joint Development Agreement) . Can Builder & also the land owner of his business income (other than capital gain income) can claimed benefit of Section 80IBA or only builder can take benefit of that. Also please inform is there any approval to be taken from income tax department for the project or any other authority for claiming the Section 80IBA benefits.
Answer ID :
NADIR D SHAIKH
Mar 23, 2019
Profits & Gains of Business & Profession
Only The Land owner is entitled to avail the deduction of section 80IAB and not the developers . The projected has to be approved by the Competent authority such as Municipal corporation etc and not the Income tax department
CA. BISHT RAKESH on
Mar 24, 2019
Answer ID :
For construction of a building, plan etc of the building is required to be approved by the local authority i.e. Municipal Corporation or Municipality. Not from the Income tax department.
Here the land owner has enter a JDA with a builder. Therefore benefit of 80IBA which is limited to land owners only would not be available since it is a case of JDA.
CA. JHA SHANKAR KUMAR on
Mar 26, 2019