Circular No. 672/1993 — Joint development agreements — year of taxability

Date: 1993-01-01 Status: ACTIVE Category: Capital Gains Binding on Department: Yes (Section 119 / Section 400 IT Act 2025)

Summary

In JDAs, capital gains arise in the year of handing over possession to the developer, not in the year of registration of sale deed.

Key Directions

  1. Capital gains arise in the year of handing over possession under JDA.
  2. Full value of consideration includes cash + value of constructed area.
  3. Cost of acquisition as of date of acquisition of land.

Applicability Under IT Act 2025

Saving Clause: Section 536 of IT Act 2025 saves circulars issued under the 1961 Act “so far as not inconsistent” with the new Act.

Old Section (1961 Act)New Section (2025 Act)Consistent?
4567Yes

Cross-References

Act Sections

  • Section 45
  • Section 67
  • None identified

Key Case Law (Circular Supremacy)

  • To be populated — cases where this circular was cited/applied

Full Text

Full text to be added — see raw/circulars/ for PDF when available

Source