What is the trigger point for invoking the Explanation? Is it construction of building which is intended for sale or payment received from the buyer for the same?
The wordings of Explanation inserted are not clear. It starts with the focus on activity of construction and, in between, gets shifted to payment by the buyer. Absence of the words viz. “receipt of any sum by the builder from the prospective buyer in respect of” creates confusion. Let us try to insert these words and see whether it can convey the proper meaning.
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