Transfer pricing comparables and operating income principles applied to software development services, with exclusions, inclusions, and tax credit ver...
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HC held that assignment of long-term leasehold rights in an industrial plot by a lessee to a third-party assignee constitutes a transfer of immovable property benefits, not a taxable supply under GST Act. Relying on precedent in Gujarat Chamber of Commerce case, the Court determined that such transaction falls outside section 7(1)(a) read with Schedules II and III, thereby exempting the transfer from GST levy. Consequently, the show cause notice was quashed, and the petition was allowed, affirming the non-applicability of GST to leasehold rights transfer.
HC held that assignment of long-term leasehold rights in an industrial plot by a lessee to a third-party assignee constitutes a transfer of immovable property benefits, not a taxable supply under GST Act. Relying on precedent in Gujarat Chamber of Commerce case, the Court determined that such transaction falls outside section 7(1)(a) read with Schedules II and III, thereby exempting the transfer from GST levy. Consequently, the show cause notice was quashed, and the petition was allowed, affirming the non-applicability of GST to leasehold rights transfer.
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