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    <title>2021 (1) TMI 549 - AUTHORITY FOR ADVANCE RULING, GUJARAT</title>
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    <description>A long-term lease of a commercial plot, including one-time lease premium and annual lease premium, is treated as a supply of services under GST because lease of immovable property is covered by the statutory definition of supply and Schedule II expressly includes lease, tenancy, easement and licence to occupy land. A 99-year term does not by itself convert the arrangement into a sale, especially where transfer, mortgage and user restrictions remain in the lease deed. The exemption for upfront amounts on long-term lease of industrial plots was unavailable on the facts. GST on the lease premium is also payable under reverse charge because the applicable notification covers long-term lease of land for construction-related purposes and fastens liability on the recipient.</description>
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    <pubDate>Thu, 17 Sep 2020 00:00:00 +0530</pubDate>
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      <description>A long-term lease of a commercial plot, including one-time lease premium and annual lease premium, is treated as a supply of services under GST because lease of immovable property is covered by the statutory definition of supply and Schedule II expressly includes lease, tenancy, easement and licence to occupy land. A 99-year term does not by itself convert the arrangement into a sale, especially where transfer, mortgage and user restrictions remain in the lease deed. The exemption for upfront amounts on long-term lease of industrial plots was unavailable on the facts. GST on the lease premium is also payable under reverse charge because the applicable notification covers long-term lease of land for construction-related purposes and fastens liability on the recipient.</description>
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