Next due
15 OCTPF & ESI · Contributions · Sep 2026due today 20 OCTGSTR-3B · Summary return · Sep 2026in 5 days 21 OCTTax Audit Report · Form 3CA/3CB · AY 2026-27 · extended from 30 Sepin 6 days 30 OCTAOC-4 · Financial statements · FY 2025-26in 15 days 7 NOVTDS / TCS deposit · Deducted in Oct 2026in 23 days 11 NOVGSTR-1 · Outward supplies · Oct 2026in 27 days 21 NOVITR filing · Audit cases · AY 2026-27 · extended from 31 Octin 37 days 29 NOVMGT-7 / 7A · Annual return · FY 2025-26in 45 days
All due dates

Real Estate CIRP: Negative Net Value and Unsold Inventory

A developer's books show huge gross project value. Net of completion cost, unsold inventory realisability and homebuyer obligations, the enterprise can be worth less...

Published
Updated
Reading time
5 min
Views
19
Questions
6 answered
  • Expert Reviewed
  • High Complexity
Topic
IBC Insolvency
Published
September 5, 2026
Last updated
Oct 12, 2026
Reading time
5 min
0:00
Last updated: October 2026Verified against: Government sources

A developer's balance sheet shows ₹900 crore of project value. The CoC sees the number and expects a substantial recovery.

Then somebody prices the cost of finishing the buildings.

Why this class is different

In an ordinary manufacturing insolvency the assets exist and the question is what they fetch. In a developer insolvency, a large part of the "asset" is unbuilt — and finishing it costs money the estate does not have.

The Land and Building asset class expressly includes all inventory, whether under construction, completed, sold or unsold, which is what makes the exercise a project appraisal rather than a property valuation. Land and building valuation →

The four things that have to be modelled

1. Completion cost. What it costs to finish each tower or phase to the specification promised — construction, approvals, infrastructure, and the common amenities in the sanctioned plan. In a stalled project this is rarely the developer's own estimate, which was prepared to support a launch.

2. Realisability of unsold inventory. Not the price list. What unsold units will actually fetch, in the current market, from a project with a public insolvency and a stalled construction history. Absorption takes longer and pricing is softer than a solvent comparable.

3. Recoverable homebuyer instalments. Buyers who have paid partly have further instalments due, but recovery depends on construction resuming — and on buyers who have watched the project stall for years being willing to pay again. This is a probability, not a receivable.

4. Statutory and other liabilities. Approval dues, development charges, GST exposure, and any charge over the land. Statutory liabilities →

The arithmetic: realisable value of unsold inventory, plus recoverable instalments, less completion cost, less liabilities. Where completion cost exceeds what the remaining inventory will fetch, the net enterprise value is negative — and the honest report says so.

The homebuyer complication

Homebuyers are financial creditors, so they sit on the CoC and vote on the plan that decides their own units. That produces a dynamic no other asset class has: the largest creditor class wants completion, not cash.

Two consequences for the valuation:

Units already sold are not assets. They are obligations. A tower that is 80% sold has 80% of its value already committed to people who have paid.

Buyers in possession are a different question from buyers awaiting handover. A buyer who has taken possession under a completed, arm's length transaction generally cannot be asked to contribute more because the project's economics have deteriorated. A buyer still waiting has, in practice, far less leverage to refuse — which is a commercial reality the valuation should reflect rather than assume away.

The middle case worth flagging: where promised common amenities — a clubhouse, landscaping, internal roads — were never built, there is an argument that buyers have not received the full contracted value, and a proportionate contribution toward completing those amenities can legitimately be sought. That is recovery of undelivered contractual value, and it is different from repricing a completed sale. Whether it is achievable is fact-specific and ultimately for the Tribunal or the court receiver on the facts. Homebuyers as financial creditors →

RERA data is the diligence source

The corporate debtor's own records will not give a reliable picture of what is sold, what is encumbered and what is promised. RERA registrations do better:

  • project registration and status, including declared completion timelines;
  • units declared sold, against the debtor's internal sales ledger;
  • declared encumbrances;
  • complaints and orders, which reveal disputes not in the books.

Reconciling the debtor's sales ledger to RERA filings routinely surfaces discrepancies — units sold twice, units shown unsold that are committed, buyers who have paid without a registered agreement. IBC and RERA interaction →

Key takeaways

  • Gross project value is not enterprise value. Net it or mislead.
  • Completion cost is the variable that decides everything.
  • Sold units are obligations, not assets.
  • Recoverable instalments are a probability, not a receivable.
  • Negative net value is a legitimate conclusion — report it.
  • Buyers in possession under completed sales generally cannot be repriced.
  • Reconcile the sales ledger to RERA filings. The gaps are the findings.

Read next

Disclaimer: Positions stated as on 5 September 2026. Homebuyer entitlements are fact-specific and continue to be litigated — take advice on any particular project.

Quick recapKey facts & short answers

Key Facts About Real Estate CIRP

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Why can a real estate developer have negative net value in CIRP?

Because completing the project can cost more than the unsold inventory will realise, once liabilities and softened absorption are taken into account.

Is gross project value a valid measure?

No. Reporting it without netting completion cost, realisability and liabilities is materially misleading.

Keep the acknowledgement. A filing you cannot prove is a filing you may have to defend.

— TaxClue Compliance Desk

Real Estate CIRP: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

Related Services & Guides

Was this article helpful?
About the author
13,350 articles
Vikas Sharma Verified expert Tax & Compliance Expert

Experienced in company registration, GST, trademark, and compliance. Helping Indian businesses stay compliant.

Last reviewed: Live

Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

People also ask

Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

Because completing the project can cost more than the unsold inventory will realise, once liabilities and softened absorption are taken into account.

No. Reporting it without netting completion cost, realisability and liabilities is materially misleading.

As obligations rather than assets. Value already committed to buyers who have paid is not available to the estate.

A buyer in possession under a completed arm's length sale generally cannot be repriced. Where promised common amenities were never built, a proportionate contribution toward completing them may be arguable on the facts.

Because it independently evidences project status, units sold, declared encumbrances and disputes, and reconciling it to the debtor's ledger surfaces discrepancies.

Yes. They are financial creditors and sit on the CoC, which is why completion rather than cash often drives the outcome.