It is also important to recognize that the JDAs negotiation is essentially a unique opportunity. Problems related to the agreement on the rights of each party to the intellectual property concerned may arise long after the implementation of the agreement and even after the end of the agreement. However, JDA partners are unlikely to be willing to renegotiate the agreement after the fact, particularly in light of existing or new intellectual property disputes. Therefore, an essential element of successful negotiations with the Jisch is to ensure a clear understanding of ownership and rights with respect to downstream value and use, as well as to negotiate or limit direct ownership and intellectual property rights. Thus, the land is borne by the landowner and the costs of development and construction by the developer. Depending on the terms agreed between them, the owner of the land may be in return, either as a lump sum, as a percentage of the revenue, or as a percentage of the construction area of the project. In this way, the resources and efforts of landowners and developers will be pooled to achieve maximum productive results. However, as with every business transaction, there are different ifs and “buts” that are related to a JDA. The development of real estate is subject to the approval of various public authorities, on the basis of which the examination under a JDA also depends on these authorizations. As things are not yet clear, the owner is expected to assess and pay the tax debt.
Is it fair if the owner is not even sure that the agreement is made or cancelled? Under the Income Tax Act, income is taxable on the delimitation of entry, depending on the previous date. However, if the right of the owners to the consideration depends on obtaining the necessary authorizations and authorizations for the development of the property, the income can at best be characterized as hypothetical income and therefore cannot be taxed on the principle of the exercise. This is important because these authorizations do not necessarily have to be introduced and can lead to a situation in which the JDA fails. It is all the more important to approve the terms of the CCM after a thorough analysis. The tax debt law resulting from the signing of a JaDa is now clear and the Court`s decision makes it easier for homeowners to judge their tax debt. Joint Development Agreements (JDA) are widespread in India because they are beneficial to both the owner and the developer. The owner receives a better built house and the developer receives his remuneration either in the form of part of the building or money. Under a typical common development contract, the landowner contributes to his land and enters into an agreement with the developer to develop and build a real estate project at the developer`s expense. Many joint development agreements fall under a standard-joint-owner agreement.
This can be a problem; In particular, any co-owner can grant or market with them the working product of the contract without the agreement of other co-owners and without sharing revenue. The only way to avoid this undesirable situation is to negotiate specific ownership or divestment agreements at the beginning of the agreement. The partial execution of an agreement not registered by the owner by granting the property for limited purposes to the operation would not amount to a transfer and would therefore not constitute a capital gain.