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        GST

        HC determined GST is not applicable on assignment of leasehold...

        High Court Rules GST Not Applicable When Transferring Leasehold Rights in Property Between Lessee and Third-Party Assignee.

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                          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.
                                HC determined GST is not applicable on assignment of leasehold rights in immovable property. Following precedent from Gujarat Chamber of Commerce case, the court held that transfer of leasehold rights constitutes assignment of benefits arising from immovable property when a lessee transfers rights to third-party assignee. The impugned show cause notice demanding GST on such transfer was quashed, as assignment of leasehold rights falls outside GST purview. The court recognized this as settled law (res integra) based on established jurisprudence. Original lessee's transfer to assignee who becomes new lessee does not attract GST liability under GST Act, 2017.
                                Note: It is a system-generated summary and is for quick reference only.
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