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sir no where in the statute the word development rights or transferable development rights words or phrases are used sir.
these are generated by common people or consultants and then picked up by the council and used in notifications and circulars, which has become a bureaucratic practice now a days.

when development on land is development only then its rights are also land na sir. then schedule 3 item only.
builder gets the permission only to enter and construct the project , nothing can be transferred for that by the land owner neither the land nor the rights thereon . referring to certain hsn code can not bring the taxability. article is nice and started as well too, but sir at end it has spoken the language of the revenue.

decisions in the ananda behre, chheda housing, sadoday builders etc are very relevant till today hold good.

no taxability as there is no supply it self

Navin Khandelwal 07/08/2023



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