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

Godrej Properties Acquires 16-Acre Land in Upper Kharadi, Pune — Second Major Deal in the Belt This Month

Godrej Properties has acquired a 16-acre land parcel in Upper Kharadi, Pune, its second deal this month in the area, with a combined revenue potential of ₹7,300 crore.

Chennai, Ahmedabad, and Kolkata: Most Affordable Metros for Residential Investments, Reports Magicbricks

Magicbricks’ report highlights Chennai, Ahmedabad, and Kolkata as the most affordable cities for residential investments in 2024, with a Property Price to Income Ratio of 5. In contrast, Mumbai and Delhi are among the least affordable. The report also notes a significant rise in the EMI-to-income ratio, reflecting growing affordability concerns.

India’s Construction Boom Outpaces Risk Preparedness

India’s construction sector is expected to grow 7.1% in 2025, but a new Marsh report warns that this expansion is outpacing the industry’s ability to manage risks. From inflation and cyber threats to contract and insurance gaps, India must move quickly to build resilience into its infrastructure pipeline.

India’s Office Boom Narrows to 15 Hotspots

A new Colliers report reveals that 15 high-activity micro markets across India’s top 7 cities are driving the majority of office demand and supply. With robust leasing, growing REIT-worthiness, and rising flex and GCC occupancy, these zones are set to shape the next phase of India’s commercial real estate growth.