Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Assignment of leasehold rights in a GIDC-allotted plot constitutes an interest in immovable property and, when assigned for consideration, operates as a transfer of immovable property rather than a supply of service. The court applied prior reasoning that such transfers fall outside the scope of GST under the statutory scheme and relevant schedules/notifications, with the result that GST liability and related demands premised on treating the assignment as a taxable service do not arise. Accordingly the show-cause notice and demand order were quashed and the petition allowed; input tax credit issues therefore do not arise.
Assignment of leasehold rights in a GIDC-allotted plot constitutes an interest in immovable property and, when assigned for consideration, operates as a transfer of immovable property rather than a supply of service. The court applied prior reasoning that such transfers fall outside the scope of GST under the statutory scheme and relevant schedules/notifications, with the result that GST liability and related demands premised on treating the assignment as a taxable service do not arise. Accordingly the show-cause notice and demand order were quashed and the petition allowed; input tax credit issues therefore do not arise.
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