← All Phrases

“JDA”

Capital GainsSection 45(5A)Section 45(5A)453 judgments

The decision most relied on for JDA is Chaturbhuj Dwarkadas Kapadia v. CIT (260 ITR 491), cited in 150 judgments on BharatTax.

Leading authorities on JDA

Chaturbhuj Dwarkadas Kapadia v. CIT
260 ITR 491 · 2003 · High Court
150
citing judgments

For capital gains purposes, a 'transfer' under section 2(47)(v) occurs and capital gains arise in the year when possession of the property is handed over in part performance of a contract, such as a joint development agreement. This was the settled position before the specific provisions of section 45(5A) were introduced.

CIT v. T.K. Dayalu
202 Taxmann 531 · 2011 · High Court
58
citing judgments

In a Joint Development Agreement (JDA), capital gains arise for chargeability to tax when the complete control over the property is passed to the developer, with the date of such transfer of control being relevant for determining the assessment year. This includes considerations of possession under Section 53A of the Transfer of Property Act.

Potla Nageswara Rao v. DCIT
365 ITR 249 · 2014 · High Court
35
citing judgments

Handing over possession of property under a Development Agreement-cum-GPA in exchange for built-up area constitutes a transfer of a capital asset, triggering capital gains tax, as it satisfies the conditions under Section 2(47)(v) read with Section 53A of the Transfer of Property Act.

Seshasayee Steels (P.) Ltd. v. CIT
421 ITR 46 · 2020 · Supreme Court
33
citing judgments

Handing over possession under a Joint Development Agreement (JDA) does not constitute a 'transfer' under Section 2(47)(v) of the Income Tax Act, 1961, read with Section 53A of the Transfer of Property Act.

CIT v. Dr. T. K. Dayalu
14 Taxmann.com 120 · 2011 · High Court
32
citing judgments

Capital gains arise at the time of execution of a Joint Development Agreement (JDA) and handing over of possession of property to the developer, due to the concept of part performance.

Seshasayee Steels (P.) Ltd. v. Asstt. CIT
115 Taxmann.com 5 · 2020 · Supreme Court
23
citing judgments

Granting a license to a developer for property development does not constitute 'allowing possession' under section 53A of the Transfer of Property Act, and therefore section 2(47)(v) of the Income Tax Act is not attracted.

Seshasayee Steels (P.) Ltd. v. CIT (
411 ITR 533 · 2019 · High Court
12
citing judgments

A joint development agreement may not result in a transfer of property until possession is passed, meaning capital gains may not arise at the time of the agreement. Consideration received for a joint development project might be a license fee rather than purchase consideration, depending on the agreement's terms.

Smt. Shanta Vidya Sagar Annam v. Income Tax Officer
170 Taxmann.com 754 · High Court
12
citing judgments

Capital gains cannot be said to have accrued in the year of execution of a Joint Development Agreement (JDA) if no consideration is received and possession is handed over only for development purposes.

Judgments citing JDA

Rishi Tradecom Pvt. Ltd., Kolkata vs. ITO, Ward-8(1), Kolkata

In the result, the appeal of the assessee is partly allowed for statistical purposes

ITA 1339/KOL/2025[2017-18]Status: DisposedITAT Kolkata11 Nov 2025AY 2017-18

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2017-18 Rishi Tradecom Pvt. Ltd.……………………………………….……….……Appellant 1, Old Court House Corner Tobacco House, 1St Floor, Room No.104, Kol-700001. [Pan: Aafcr4754E] Vs. Ito, Ward-8(1), Kolkata..………………………………….....……...…..…..Respondent Appearances By: Shri Siddarth Agarwal, Advocate & Nandini Sureka, Adv., Appeared On Behalf Of The Appellant. Shri S. B. Chakraborthy, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 25, 2025 Date Of Pronouncing The Order : November 11, 2025 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 25.04.2025 Of The National Faceless Appeal Centre [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2017–18. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Assessment Year 2017-18 Declaring Total Income Rs.Nil. The Case Of The Assessee Was Reopened U/S 148 Of The Act & Subsequent Notices U/S 143(2) & 142(1) Were Issued As The Assessing Officer Received Information That The Assessee Has Sold Immovable Property By Adopting Value Lower Than Stamp Valuation Authority. Accordingly, Assessment Order U/S 147 R.W.S. 144B Was Passed By Making An Addition Of Rs.28,36,680/- U/S 43Ca Of The Act Being The Rishi Tradecom Pvt. Ltd Difference Between Stamp Duty Valuation & Sale Consideration Of The Immovable Property.

Section 143(2)Section 147Section 148Section 250Section 43C

land with other 19 companies. It is pertinent to mention here that the ld. CIT(A) in his order has mentioned the extract of JDA in which it appears that the assessee was entitled to receive 1% of the total realisation which is as under: 3 Rishi Tradecom

Deputy Commissioner of Income Tax, Visakhapatnam vs. Raja Rao Parachuri, Visakhapatnam

ITA 374/VIZ/2024[2013-14]Status: DisposedITAT Visakhapatnam08 Oct 2025AY 2013-14

Bench: Shri Ravish Sood & Shri Balakrishnan S.आ.अपी.सं /Ita No.374/Viz/2024 (िनधा"रण वष"/Assessment Year: 2013-14) Deputy Commissioner Of Vs. Raja Rao Parachuri, Income Tax, Visakhapatnam. Visakhapatnam. Pan: Aatpp2493B (Appellant) (Respondent) िनधा"रती "ारा/Assessee By: P. Murali & Co राज" व "ारा/Revenue By: Shri Badicala Yadagiri, Cit-Dr सुनवाई की तारीख/Date Of 07/08/2025 Hearing: घोषणा की तारीख/Date Of 08/10/2025 Pronouncement: आदेश / Order Per. Ravish Sood, Jm :

For Appellant: P. Murali & CoFor Respondent: Shri Badicala Yadagiri, CIT-DR
Section 143(3)Section 147Section 148Section 2(47)(v)Section 53A

Subsequently, the A.O., based on information that the assessee alongwith three other co-owners, had entered into a Joint Development Agreement ("JDA") for a total consideration of Rs. 23.94 crores, but had failed to offer the “capital gains” for tax, initiated proceedings u/s 147 of the Act. Notice ... 3A1E (old S. No. 318/3A1)]. On 25.04.2012, i.e., period relevant to A.Y. 2013– 14, the co-owners had entered into a “Joint Development Agreement”( “JDA”) with M/s. BBCL Vajra, a registered partnership firm having its office at No. 20, Mylai Rangnathan Street, T. Nagar, Chennai, that envisaged the development

Hanmandlu Pampati, Karimnagar vs. Income Tax Officer, Ward-2, Karimnagar

In the result, the appeal of the assessee is allowed

ITA 229/HYD/2025[2013-14]Status: DisposedITAT Hyderabad08 Oct 2025AY 2013-14

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं / Ita No.228/Hyd/2025 (निर्धारण वर्ष/Assessment Year:2013-14) 1. Shri Srinivas Pampati, Karimnagar. Pan: Abopp0603R Vs. Income Tax Officer, Ward-2, Karimnagar. आ.अपी.सं / Ita No.229/Hyd/2025 (निर्धारण वर्ष/Assessment Year:2013-14) 2. Shri Hanmandlu Pampati, Karimnagar. Pan: Abmpp0324R Vs. Income Tax Officer, Ward-2, Karimnagar. (Appellant) (Respondent) निर्धारिती द्वारा /Assessee By: Shri Lalith Kishore Sharma, Advocate. राजस्व द्वारा / Revenue By: | Dr. Sachin Kumar, Sr-Dr सुनवाई की तारीख / Date Of Hearing: घोषणा की तारीख /Pronouncement: 17/09/2025 08/10/2025 आदेश/Order Per Madhusudan Sawdia, A.M. : These Two Appeals Are Filed By Shri Srinivas Pampati & Shri Hanmandlu Pampati ("The Assessees”), Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)"), Dated 04.12.2024 & 05.12.2024 Respectively For The A.Y. 2013-14. Since The Grounds Raised By The Assessees Are Identical, They Are Heard Together & One Consolidated Order Is Being Passed For The Sake Of Convenience & Brevity.

For Appellant: Shri Lalith Kishore SharmaFor Respondent: Dr. Sachin Kumar, SR-DR
Section 144BSection 147Section 148Section 148ASection 154Section 48Section 54F

assessee, the Ld. AO noticed that the assessee along with three others had entered into a Development Agreement-cum-General Power of Attorney ("JDA") with M/s. Shriyam Infrastructure("Developer") on 02.03.2013. As per the said JDA, the assessee and the other three persons were joint owners of land measuring ... which they agreed to permit the developer for construction of a multi-storeyed residential complex. The JDA provided that the total constructed area would be 1,28,350 sq. ft., out of which the landowners jointly would receive 32% and the developer 68%. The Stamp Duty Authority determined the total