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HC held that the transfer development rights (TDR)/floor space index (FSI) under entry 5-B cannot be interpreted to include development agreements where a developer obtains construction rights in exchange for transferring certain built-up units. The specific development agreement dated 07.4.2022 between the parties did not fall within the scope of the GST notification dated 28.6.2017 as amended. Consequently, the show cause notice and subsequent order were quashed, effectively invalidating the tax demand and allowing the petitioner's challenge against the taxation assessment.
HC held that the transfer development rights (TDR)/floor space index (FSI) under entry 5-B cannot be interpreted to include development agreements where a developer obtains construction rights in exchange for transferring certain built-up units. The specific development agreement dated 07.4.2022 between the parties did not fall within the scope of the GST notification dated 28.6.2017 as amended. Consequently, the show cause notice and subsequent order were quashed, effectively invalidating the tax demand and allowing the petitioner's challenge against the taxation assessment.
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