Fraud-based GST assessment cannot stand without allegations of fraud, wilful misstatement or suppression; proceedings must follow normal classificatio...
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The HC held that the assignment/sale/transfer of leasehold rights by the lessee to a third party for a lump-sum consideration is a transfer of "immovable property" and not a supply of service under the GST Act. The leasehold rights encompass incorporeal ownership rights over the land and building, constituting "immovable property". Consequently, such transactions are not subject to GST levy u/s 9(1) of the GST Act.
The HC held that the assignment/sale/transfer of leasehold rights by the lessee to a third party for a lump-sum consideration is a transfer of "immovable property" and not a supply of service under the GST Act. The leasehold rights encompass incorporeal ownership rights over the land and building, constituting "immovable property". Consequently, such transactions are not subject to GST levy u/s 9(1) of the GST Act.
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