GST Applies to Transfer of Buildings on Government Land as Service, Not Sale; Taxed at 18% Under Schedule II of CGST Act.

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GST Applies to Transfer of Buildings on Government Land as Service, Not Sale; Taxed at 18% Under Schedule II of CGST Act.

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....This case deals with the classification of supply and taxability under GST for the handover of building, civil structures, and railway siding constructed by the applicant on government land to a new lessee (OMCL). The key points are: 1) The transfer of building without ownership rights in the underlying land does not constitute a 'sale' under GST. 2) The consideration received by the applicant from OMCL for handing over the constructed assets is not merely a monetary transaction but constitutes a supply of service. 3) The applicant's agreement to refrain from removing the constructed assets against consideration from OMCL is treated as a supply of service under Entry 5(e) of Schedule II of the CGST Act. 4) This service is classifiable as 'Other Miscellaneous Service' (SAC 999792) and taxable at 18% GST rate.....

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GST Applies to Transfer of Buildings on Government Land as Service, Not Sale; Taxed at 18% Under Schedule II of CGST Act.