Profiteering in construction services for failure to pass input tax credit resulted in repayment exceeding the commensurate benefit and closure of pro...
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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