Harun Raaj & AssociatesHarun Raaj & Associates

For builders · Every claim cited

You build ₹50-crore projects. Late CA certificates shouldn't hold up your money.

A delayed withdrawal certificate freezes access to your project's own funds. One missed quarterly update exposes you to s.61 RERA action. One unreviewed GST election permanently eats margin. Harun Raaj & Associates provides independent, project-level CA support for AP RERA, TS RERA, designated-account withdrawals, project audits and lender reporting.

Primary engagement

Recurring RERA–CA support

One independent CA relationship for withdrawal certificates, quarterly updates, annual project audits and lender-ready financials.

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The 5 CA services a builder actually needs

— and why your compliance CA usually can't do them.

1

RERA project registration & amendments (s.3, s.4)

  • Projects over 500 sqm or 8 units need registration BEFORE any advertisement, marketing, booking or sale — s.3 RERA Act, 2016.
  • The application must reconcile sanctioned plans, project budget, development agreements, funding documents and disclosures — the RERA file cannot contradict the tax and MCA files.
  • We prepare financial schedules, reconcile them against the underlying documents, identify inconsistencies before submission, and handle amendments when material particulars change.

When: Before launch, and whenever plans / promoter / bank account / completion date changes.

2

70%-account withdrawal certificates (s.4(2)(l)(D))

  • The recurring certificate that directly controls cash availability. s.4(2)(l)(D) requires engineer + architect + independent CA certification that the amount withdrawn stays proportionate to percentage of completion.
  • Independence matters: an employee or related-party CA cannot certify their own promoter's cost position. This is exactly where builder-CA relationships break.
  • We reconcile buyer collections, the designated bank account, certified completion, land and construction costs, prior withdrawals — and produce the certificate with a working-paper file that survives audit.

When: Monthly or quarterly — driven by cash-flow, bank procedure and construction pace.

3

Quarterly RERA project updates (state rules)

  • AP RERA and TS RERA quarterly progress reports cover construction status, bookings, approvals and project-account information. TS RERA requires filing within 15 days after each quarter.
  • A missed or inconsistent filing can attract s.61 (up to 5% of estimated project cost) and, on continued non-compliance with an order, s.63 daily penalties.
  • We run a project-wise compliance calendar, reconcile the financial fields against engineering progress and sales data, and prepare the quarterly pack before the due date — not on the due date.

When: Every quarter for every registered project, plus event-based updates.

4

Annual RERA + income-tax project audit

  • s.4(2)(l)(D) proviso: within 6 months of FY end, an independent CA verifies that collections were used ONLY for the project AND that withdrawals were in proportion. Filed with the Authority.
  • This is NOT the same as closing the entity's income-tax books. It needs a project-level trail from allottee receipts → designated account → expenditure → cost allocations → certified progress → withdrawals.
  • We produce the project statement, test fund utilisation, review related-party and common-cost allocations, and align the RERA numbers with the entity's income-tax and statutory financial reporting.

When: Within 6 months of FY end (RERA) — sequenced with the s.44AB audit.

5

Bank-demanded project financials & drawdown certifications

  • Lenders want project-level answers your entity's regular financial statements do not carry: cost-to-complete, promoter-contribution evidence, receivables ageing, utilisation, sources-and-uses.
  • An employee-prepared schedule rarely satisfies an independent-certification requirement in the sanction terms.
  • The lender pack must AGREE with RERA returns, GST records, income-tax books and the designated account — mismatch is what triggers renewal queries. We produce these in lender format and reconcile them once, monthly.

When: At sanction, before each drawdown, during monitoring and at annual renewal.

The tax structure decisions that decide your margin

Check them live: JDA Capital Gains Calculator · GST Election Modeller

GST: 1%/5% no-ITC vs 12%/8% with-ITC

Post 1 Apr 2019 (Notification 3/2019-CT(R)): 1% affordable / 5% other residential, no ITC. Ongoing projects had a one-time option to continue 8%/12% WITH ITC. The decision that still matters: whether that election was correctly documented, whether common ITC and reversals were properly handled, and whether pricing actually reflects the no-ITC cost. Commercial: 18% with ITC. Sale after completion certificate: no GST (Schedule III).

JDA structuring — s.45(5A)

Only individual or HUF landowner + registered specified agreement gets capital-gains deferral to the CC year. Company/firm/LLP or unregistered JDA — no deferral, s.45(1) at the JDA date. Post-23-Jul-2024 LTCG: 12.5% without indexation; residents with pre-Jul-2024 land can pick lower of 20%-with-indexation vs 12.5%-without. Monetary consideration attracts 10% TDS u/s 194-IC.

TDR / FSI reverse charge on the promoter

Notification 4/2019-CT(R) exempts development rights attributable to residential apartments proportionately. Balance attributable to commercial / non-exempt sits under RCM on the promoter — Notification 5/2019-CT(R). Model the exposure by residential-commercial mix + booking position at completion + time-of-supply BEFORE signing the JDA; a wrong assumption becomes a promoter-level cash liability near CC.

Cash discipline — three limits, three exposures

₹2 lakh from a customer in one transaction = s.269ST breach; penalty u/s 271DA equals the amount. Cash to a site vendor > ₹10,000 per person per day = s.40A(3) disallowance. Property advance ≥ ₹20,000 in cash = s.269SS; penalty u/s 271D equals the amount. "Site lo cash common, sir" is not a defence.

Builders' FAQ

Does my project need AP RERA or TS RERA registration?

Generally yes, if the proposed development exceeds 500 square metres or 8 apartments (all phases counted). Registration under s.3 RERA Act, 2016 must be in place BEFORE any advertisement, marketing, booking or sale — a "soft launch" without registration attracts s.59 penalty up to 10% of estimated project cost.

How much money must be deposited in the RERA designated account?

70% of amounts realised from allottees — not 70% of profit or of turnover. s.4(2)(l)(D) RERA Act, 2016. The threshold rides every buyer collection: booking amount, instalment, adjustment against cancellation. It is not a year-end true-up.

Can our in-house CA issue the RERA withdrawal certificate?

No. s.4(2)(l)(D) requires certification by an engineer, an architect AND a chartered accountant IN PRACTICE — an employee or related-party CA cannot independently certify the promoter's own cost and withdrawal position. This is why builders end up needing a separate CA relationship from their compliance CA.

Are RERA withdrawal certificates required monthly or quarterly?

The Act ties withdrawal to certified percentage of completion — it does not prescribe one universal cycle. Certification is arranged monthly or quarterly based on your cash-flow needs, bank procedures and the frequency of withdrawals. AP RERA and TS RERA quarterly PROGRESS reports are a separate state-rule obligation.

What is the GST rate on flats under construction?

1% (affordable) or 5% (other residential), no ITC — Notification 3/2019-Central Tax (Rate), effective 1 April 2019. Ongoing projects had a one-time option to continue at 8%/12% WITH ITC. Sale of a completed building after the completion certificate is issued attracts no GST — Schedule III CGST Act, 2017.

What happens if we sell a flat below stamp-duty value?

If the SDV exceeds the recorded consideration by more than the 10% safe harbour, s.43CA Income-tax Act treats the stamp value as the builder's sale consideration. Review discounts, distress sales and bulk deals BEFORE registration — not while preparing the ITR.

Who deducts TDS when a flat or land is purchased for ₹50 lakh or more?

The BUYER — 1% under s.194-IA Income-tax Act, 1961. Your flat buyer carries this obligation when purchasing from you; your entity carries it when buying land. Agricultural land and non-resident sellers need separate analysis.

Customer cash lo advance isthe problem untunda?

Yes. ₹2 lakh or more cash from one customer in one transaction breaches s.269ST — penalty u/s 271DA equals the receipt. A property advance of ₹20,000 or more in cash separately breaches s.269SS — penalty u/s 271D equals the amount. And cash to a site vendor above ₹10,000/day is disallowed u/s 40A(3). Route every rupee through banking channels with PAN captured.

Recurring engagement

Stop managing RERA certificates as emergencies

Every registered project on a recurring calendar: designated-account certificates, quarterly returns, annual audit, lender submissions.

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Consultation

Planning a JDA, land buy or mixed-use project?

Take advice before signing. s.45(5A), s.194-IC, GST on TDR/FSI, project GST election, s.43CA — reviewed together.

Book a project-structure review →