Builders Cannot Exclude Land Cost While Reporting Project Revenue, Rules Tribunal

In a key ruling affecting real estate developers, the Income Tax Appellate Tribunal (ITAT) Mumbai has upheld a tax addition of ₹47.26 crore against Relationship Properties Pvt Ltd, holding that land cost and development rights must be included while calculating revenue under the Percentage of Completion Method (POCM).

The decision came in ITA No. 2067/Mum/2024, involving Assessment Year 2017–18, where the developer disputed the tax department’s method of computing project completion.


Background: Real Estate Revenue Calculation Under Scrutiny

Relationship Properties Pvt Ltd was involved in a Bangalore residential project where:

  • Landowners were entitled to 31%
  • Developer (assessee) had 69% development rights

The developer argued that because land did not belong to them, the cost of land should not be included in project cost for calculating percentage completion.

Excluding land cost reduced the completion percentage, resulting in lower revenue recognition for that year.

Initially, the Assessing Officer had proposed a massive addition of ₹229.29 crore, later reduced to ₹47.26 crore after recalculations in a remand report.


Assessee’s Stand: “Land Isn’t Ours, So It Shouldn’t Count”

The company claimed:

  • Only construction cost should be counted
  • Land cost should be excluded since land is owned by landowners
  • Following ICAI Guidance Note, it said only direct construction cost is relevant
  • Recognising more revenue in AY 2017–18 would lead to double taxation, as income was already declared in AY 2018–19

Tax Department’s View: ICAI Guidance Note Supports Us

The Revenue argued:

  • Land/Development Rights are integral to the project and must be included
  • ICAI’s Real Estate Guidance Note clearly states land cost is part of project cost
  • After adjustments, the correct completion percentages were:
    • Phase 1: 66.39%
    • Phase 2A: 39.59%
  • Therefore, revenue must be recognised proportionately

CIT(A) agreed, upholding the revised addition.


Tribunal’s Decision: Land Cost Cannot Be Split From Project Cost

The ITAT observed that:

  • POCM is a legally regulated accounting method
  • Land is an essential component of any real estate development
  • Excluding land artificially suppresses completion percentage
  • ICAI Guidance Note explicitly lists land cost as part of project cost

Given these facts, the Tribunal held that the assessee’s exclusion of land cost was incorrect and upheld the ₹47.26 crore addition.


Impact: Real Estate Developers Must Recheck POCM Calculations

This ruling reinforces that:

  • Builders must include land or development rights in POCM calculations
  • Revenue recognition cannot be deferred by excluding land value
  • Tax planning must align strictly with the ICAI Real Estate Guidance Note

The decision is expected to influence several ongoing assessments, especially joint development agreements where landowners and developers share revenue.

You May Also Like

Ultra-Luxury Homes Sales Soar to ₹4,754 Crore in 2024, Driven by Mumbai’s Strong Demand

In 2024, ultra-luxury home sales across India reached a record ₹4,754 crore, marking a 17% year-on-year increase. Mumbai dominated the market with 52 high-value deals, including properties priced over ₹100 crore. The continued demand from HNIs and Ultra-HNIs, coupled with a growing interest in premium apartments and bungalows, underscores the resilience of India’s luxury real estate market.

Mumbai Real Estate Market Sees Record Highs in Property Prices

Mumbai’s real estate market has recently reached unprecedented levels, with property prices…

Not Just Developers! Tribunal Says Society is Also a Promoter Under RERA

In a major ruling, the Maharashtra Real Estate Appellate Tribunal held that a society redeveloping its own property after terminating the builder is also a “promoter” under RERA — making it liable to compensate flat buyers and requiring it to deposit funds before appealing.

MICL Unveils Avaan Tower 2 – India’s Tallest Ultra-Luxury Skyrise

MICL has launched Avaan Tower 2, India’s tallest ultra-luxury skyscraper at 306 meters in Tardeo. Designed by Hafeez Contractor, it offers opulent residences, breathtaking views, and 55+ world-class amenities, setting new benchmarks in luxury living.