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The text addresses entitlement to refund of GST paid on assignment/transfer of leasehold rights, noting precedent that such assignment constitutes transfer of immovable property and does not attract GST as supply under the GST Act; consequence: tax paid on that leasehold transfer is capable of refund. It records issuance of a Deficiency Memo in Form RFD-03 citing illegible documents and absence of a GST Council notification, and the respondents acceptance to consider any fresh refund application. Operative effect: petitioner to reapply and the refund shall be paid within two weeks of receipt of the application.
The text addresses entitlement to refund of GST paid on assignment/transfer of leasehold rights, noting precedent that such assignment constitutes transfer of immovable property and does not attract GST as supply under the GST Act; consequence: tax paid on that leasehold transfer is capable of refund. It records issuance of a Deficiency Memo in Form RFD-03 citing illegible documents and absence of a GST Council notification, and the respondents acceptance to consider any fresh refund application. Operative effect: petitioner to reapply and the refund shall be paid within two weeks of receipt of the application.
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