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HC ruled that transfer of leasehold rights for industrial land is not subject to GST taxation. The court found that assignment/sale of leasehold rights constitutes transfer of immovable property benefits, which falls outside GST applicability under Section 7(1)(a) of GST Act, read with Schedule II and Schedule III. Relying on precedent in Gujarat Chamber of Commerce case, the court quashed the respondent's order, effectively exempting the transaction from GST levy. Petition was allowed, establishing that such leasehold rights transfer does not trigger GST obligations.
HC ruled that transfer of leasehold rights for industrial land is not subject to GST taxation. The court found that assignment/sale of leasehold rights constitutes transfer of immovable property benefits, which falls outside GST applicability under Section 7(1)(a) of GST Act, read with Schedule II and Schedule III. Relying on precedent in Gujarat Chamber of Commerce case, the court quashed the respondent's order, effectively exempting the transaction from GST levy. Petition was allowed, establishing that such leasehold rights transfer does not trigger GST obligations.
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