Joint venture agreement and income tax

1) plot no 01 bought on 22-12-03 for price of 2,22,230 (which includes all costs) - by owner no 1 2) plot no 02 bought on 6-8-04 for price of 2,22,000 (which includes all costs) - by owner no 2 on 27-12-13 both owner no 1 & owner no 2 came in joint venture agreement with builder. for 22.5% & 22.5% total of 45% amount/price from sale of flats/units. other than land nothing is done or provided by owners. total flats 25 - total area of flats 21,180.67 builder is colleting money in hes own account and buyers also paying 1% TDS after which builder paying 45% share to owners (22.5%each) after cutting 1% TDS ( no Escrow a/c is opened). project got compilation certificate from Pune municipal corporation on 5-4-2018 receiving payment after each flat sale for e.g 20lac is price receiving 4,45,500 + 1% TDS i.e-4,500/- what will be my tax ? capital gain ? or business income ? please help me and please give me reference of section or E.q case thank you so much every one