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Land Development Agreement Not Subject to GST, Revenue Sharing Arrangement Upheld with Interim Relief Granted to Petitioner
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GSTApril 15, 2025Case LawsHC
HC adjudicated a dispute concerning a development agreement's revenue sharing arrangement between parties. The court determined that the transaction did not constitute a taxable transfer under GST law. Even if a transfer was presumed, it would involve immovable property, which falls outside GST taxation scope. The court found a prima facie case for interim relief exists. Respondents were mandated to file an affidavit in reply within two weeks and serve a copy on petitioner's counsel. The petition was subsequently disposed of, effectively granting preliminary relief to the petitioner.
HC adjudicated a dispute concerning a development agreement's revenue sharing arrangement between parties. The court determined that the transaction did not constitute a taxable transfer under GST law. Even if a transfer was presumed, it would involve immovable property, which falls outside GST taxation scope. The court found a prima facie case for interim relief exists. Respondents were mandated to file an affidavit in reply within two weeks and serve a copy on petitioner's counsel. The petition was subsequently disposed of, effectively granting preliminary relief to the petitioner.
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