HC ruling on JDAs to ease costs, boost project viability, say developers

Legal experts caution of challenge in SC, also clarity would be needed for settling ITC

The Bombay High Court’s ruling that goods and services tax (GST) will apply only at the stage of property transfer in joint development agreements (JDAs) is set to ease cost pressures, improve project viability, and provide greater pricing predictability for homebuyers, according to developers.

 

However, legal experts cautioned that larger questions on eligibility of input tax credit will require clarity along with an eventual decision from the Supreme Court as the ruling may be challenged in the apex court.

 

Mayank Arora, Partner at The Chambers of Bharat Chugh, said that given the Centre’s fiscal stake in GST collections, an appeal before the Supreme Court cannot be ruled out.

   

“By their own admission, GST authorities have conceded that the interpretation as upheld in the judgement is the correct position of law thereby curtailing litigation on this subject. But, the last word has not yet been spoken. Given the Centre’s fiscal stake in GST collections, an appeal before the Supreme Court cannot be ruled out,” he said.

 

“The debate also extends to whether the burden of tax, if at all upheld, falls on the landowner or the developer, and how valuation of such rights can even be determined when no separate consideration is charged for any so-called service element. Following the Supreme Court’s eventual determination, another layer of complexity will emerge in relation to the eligibility of input tax credit, which will have to be tested on the touchstone of the ‘functionality’ and ‘essentiality’ principles,” said Abhishek A Rastogi, founder of Rastogi Chambers.

 

He added that while the ruling provides breathing room for developers, each case will demand a fact-specific examination, making the issue far more intricate than it appears at first glance.

 

“Uniformity of interpretation across jurisdiction will be vital to avoid a patchwork of conflicting rulings,” Arora said.

 

Prateek Bansal, Partner at White & Brief-Advocates and Solicitors, said the ruling will ease financial stress during the construction period, making the JDA model more attractive.

 

Ayush Mehrotra, partner at Khaitan & Co, added that it prevents double taxation and ensures smoother execution.

 

“Developers now have certainty on the tax treatment of JDAs, which helps control costs and ultimately benefits homebuyers. The clarity will influence ongoing and future projects, making the sector more efficient and investor-friendly,” he said.

 

The Bombay High Court’s Goa bench on Thursday ruled that developers do not need to pay GST on construction services under a JDA until the completed property is transferred through a registered conveyance. The tax department’s earlier stand was that GST was due when the JDA was signed.

 

Developers said that the ruling offered relief from cash flow issues upon signing a development agreement, with GST no longer needed to be deposited at inception when neither construction nor sale of units had commenced.

 

Cyrus Mody, founder and chief executive officer of Viceroy Properties, said the verdict brings “fairness and predictability” to taxation.

 

“For us, this reduces one of the most pressing cost pressures and allows us to focus on design excellence and timely delivery. For homebuyers, especially in luxury markets, it ensures transparency, faster execution, and more stable pricing,” he added.

 

Developers estimate the relief could unlock savings in large-scale redevelopments, and some relief for homebuyers who end up bearing the passed down high costs of construction.

 

Sujay Kalele, founder and managing director of Tru Realty, said, “With JDAs covering over 1,500 acres and a gross development value of nearly ₹1 trillion, this translates into hundreds of crores being channelled back into construction and delivery. For homebuyers, it reduces pricing pressure at a time when construction costs have already risen 40 per cent in the past five years.”

 

Manan Shah, managing director of MICL Group, added that most major land transactions in metro cities now rely on JDAs.

 

“This judgment brings overdue clarity for developers and landowners structuring projects, especially in dense urban markets like Mumbai, Bengaluru, and Hyderabad,” he noted.