TaxTMI 
TaxTMI 
2025 (3) TMI 887
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....Learned advocate Mr. Deepak N. Khanchandani waives service of notice of rule on behalf of the Respondent No. 2. With the consent of learned advocates for the respective parties, the matter is taken up for hearing, as the issue involved is very short. 3. The petition has been filed under Article 226 of the Constitution of India with the following prayers:- a) quash and set aside the impugned SCN dated 11.07.2024 issued by the Respondent No. 2 and declare both to be ex-facie illegal and without jurisdiction; and/or at Annex-A. b) hold and declare that the Respondents are not entitled to charge Goods and Service Tax on the transaction entered into by the petitioner of relinquishment/assignment of the long-term leasehold rights under the ....
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....ted 18.01.2021. 4.4 The Petitioner was served with a letter dated 27.06.2024, issued by the Respondent No. 2, after more than 3 years from the date of cancellation of the GST registration, whereby, the Petitioner was called upon to deposit the GST by 03.07.2024, on the consideration amount received by the Petitioner towards assignment of leasehold rights in the favour of the Assignee vide the Deed of Assignment. 4.5 In response to the aforesaid communication and in compliance with the letter dated 27.06.2024, the Petitioner addressed an email to Respondent No. 2 on 03.07.2024, requesting a period of 4 weeks to reply to the letter. 4.6 The Respondent No. 2 issued the Impugned Notice seeking further explanation with a further period of 30 ....
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....he start date for limitation, then also the impugned show cause notice dated 11.07.2024 is well beyond the limitation of the three years prescribed under Section 73 (1) of the Act. 6. Mr. Dipak Khanchandani, learned advocate appearing for the respondent No. 2 is not able to controvert the aforesaid position of law, as applicable to the facts of the present case on going through the records, we find as under: 7. DISCUSSION & FINDINGS:- From the Deed of Assignment dated 28.03.2018, it can be seen that the entire rights under the said property had been comprehensively transferred by the petitioner to a third party. The relevant portion of the Deed of Assignment which is germane to the present controversy is quoted hereinbelow:- "NOW THIS....
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....operty with all documents thereon to the second party. The first party shall not be liable for all the cost and damages which might be suffered by the Second Party in this regard. (d) That Assignor/seller has paid and shall pay if any remains payable all the dues of all the authorities concerned of inclusive of electric, water, drainage, GIDC charges and all other charges payable in respect of the said property. (e) That Transferor/Assignor is hereby indemnify to the Purchaser/ Assignee that now they have no claim, right, debts etc. over the said property and no litigation or dispute of any nature whatsoever is pending with regard to the said property. (f) The said sale or transfer is valid and subsisting lease of the sald premises....
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....d costs of the Assignee/Purchaser do and execute or be done and executed all such further and other lawful and reasonable acts. Deeds, things, matters and assurances in the law whatsoever for further and more perfectly and absolutely assuring the said property hereby-assigned/conveyed or expressed so to be and every and absolutely assuring the said property hereby assigned/conveyed or expressed so to be and every part thereof unto and the use of the Assignee/Purchaser for the residue of said term and manner aforesaid as shall or may be reasonably required. All the stamp duty, transfer fees and registration charges etc. shall be bear by the Assignee/Purchaser/Second party alone. The purchaser has verified all the assets purchased by th....