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of <h1>Gujarat HC Rules Long-Term Leasehold Rights Transfers Exempt from GST, Quashes Show Cause Notice Under GST Act Section 9.</h1> <h3>M/s. Kabir Instrument And Technology Versus Union Of India & Ors.</h3> M/s. Kabir Instrument And Technology Versus Union Of India & Ors. - TMI In the case before the Gujarat High Court, the petitioner sought relief under Article 226 of the Constitution of India, challenging a Show Cause Notice dated 09.07.2024, issued by the Respondent Authorities, as being 'ex-facie illegal and without jurisdiction.' The petitioner contended that the transaction of assignment of long-term leasehold rights should not be subject to Goods and Service Tax (GST) under the provisions of the GST Act, 2017. Alternatively, the petitioner sought a declaration for entitlement to Input Tax Credit (ITC) under Section 16 of the GST Act and a refund of ITC already reversed.The court referenced its prior decision in Gujarat Chamber of Commerce and Industries vs. Union of India, which clarified that the 'assignment by sale and transfer of leasehold rights' constitutes a transfer of benefits arising out of 'immovable property' and is not subject to GST as per section 9 of the GST Act. Consequently, the court quashed the impugned show cause notice, aligning with the precedent that such transactions are outside the GST's purview. The petition was disposed of, and the rule was made absolute to the extent of the relief granted, with no order as to costs.
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