• Applicability of POCM for construction and sale of residential flats by owner.

My client had started construction of residential flats on his own site and declaring income from sale of flats. The Assessing officer during the course of the Assessment intends to apply Percentage of Completion method for taxing Income. I had stated that since my client is not a contractor and had been constructing flats on his own without employing any contractor, POCM cannot be applied and tax shall be levied on income from Sale of Flats only. ICDS iii specifically applies only to Construction contractor and not in a case where there is no contract at all. Is my stand correct ?
Asked 4 years ago in Income Tax

Hi

ICDS is applicable to the taxpayers who are recipients of income under the head “Profits and gains of business or profession” or “Income from other sources”, irrespective of the accounting standards followed by the company. The provisions of ICDS will also be applicable to the persons computing income under the relevant presumptive taxation scheme

 

Construction contract” is a contract specifically negotiated for the construction of an asset or a combination of assets that are closely interrelated or interdependent in terms of their design, technology and function or their ultimate purpose or use

 

so in ur case ur client is not a construction contractor and as per the guidance note apply ICDS IV, Revenue recognition, provision of parah 3,4,5 of ICDS IV would apply.

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CA poorvi Jain

Poorvi Jain
CA, Indore
143 Answers
1 Consultation

Dear Sir,

 

Hope you are doing well !!

 

Yes, your understanding is correct.

Payal Chhajed
CA, Mumbai
5188 Answers
298 Consultations

Yes sir if he is taking ICDS III as base then thats incorrect you must quote the definition on construction contract as mentioned in ICDS and prove that your client is not within the ambit of such definition and hence such definition is not applicable on him.

 

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you.

Naman Maloo
CA, Jaipur
4292 Answers
101 Consultations

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