Transfer of tenancy rights taxable under GST, while grants of residential tenancy for residence remain exempt. Transfer of tenancy rights for consideration in the form of a tenancy premium is a supply of services liable to GST as a form of lease or tenancy under Schedule II; stamp duty or registration requirements do not exclude such transfers from GST. Grants of tenancy in a residential dwelling for use as residence are exempt under the State notification, but surrender of tenancy rights by an outgoing tenant for a portion of the premium is taxable.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Transfer of tenancy rights taxable under GST, while grants of residential tenancy for residence remain exempt.
Transfer of tenancy rights for consideration in the form of a tenancy premium is a supply of services liable to GST as a form of lease or tenancy under Schedule II; stamp duty or registration requirements do not exclude such transfers from GST. Grants of tenancy in a residential dwelling for use as residence are exempt under the State notification, but surrender of tenancy rights by an outgoing tenant for a portion of the premium is taxable.
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