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Services provided by developer in joint development agreement cannot be classified under para 5 of Schedule III.

Classification of Service The applicant has sought in respect of the following question.

Whether it is covered in para 5 of Schedule III (Sale of Land) or classified under works contract.

If it is covered under works contract, how the valuation would be done.

Residual Rules i.e. Rule 30/31 provided under GST Valuation Rules can be considered or not.

Held that :- In the instant case what the applicant receives as their remuneration for the provision of the services of development of the land and their subsequent activities related to the sale of the plots is an amount equal to 40% of the open market value of each plot. The arrangement is that the applicant shall get the amount only as and when the plots are sold. As already discussed earlier this arrangement, where the applicant gets paid for their services only upon the sale of the plots, enables the landowners to not to spend their financial resources to pay the applicant for their services. The applicant gets 40% of the amount collected from the plot purchasers. This amount constitutes their consideration for their services rendered to the landowners. Consideration for a service is the total value that the service provider gets in the deal and not what the service provider expends for the provisioning of the service. The total gain to the applicant or the total amount accruing to the applicant for the services is 40% of the amount at which the plots are sold. It has already been emphasized and held that the applicant has no right in the title of the land and therefore the applicant cannot be considered as the sellers of the plots. Their role is limited to aiding and assisting the landowners in the sale of the plots. They are only service providers in the whole process, be it development of the raw land into residential plots or their sale after the development. Therefore the entire amount received by them is liable to be taxed. — Vidit Builders, In Re… [2020] 20 TAXLOK.COM 131 (AAR-Madhya Pradesh)