2026 (1) TMI 1335

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....: Ms. Manasi Patil along with learned advocate Mr. Paresh Sheth (3998). For the Respondent(s) No. 1,2,3: Ms Tanushree Shrimali, AGP. ORAL ORDER (PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA) 1. Heard Mr. Paresh V. Sheth, learned advocate for the petitioner and Ms. Tanushree Shrimali, learned AGP for the respondents. Learned AGP has fairly pointed out the order dated 18.12.2025 passed by t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ciency memo GST RFD- 03 dated 19.5.2025 without applying the mind to the law enunciated by this Court in the case of Gujarat Chamber of Commerce and Industry (supra). 3.1 It is the case of the petitioner that M/s. Dayaram Pharma Chem obtained the Final Transfer Order to sale the said plot from GIDC and the same was sold to the petitioner under an agreement dated 19.07.2024. The petitioner paid ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....of Schedule III would not be applicable to such transaction of assignment of leasehold rights of land and building and the same would not be subject to levy of GST as provided under Section 9 of the GST Act. 3.2 Thereafter, the petitioner applied for refund of the tax paid on the said leasehold transfer under Section 54 of the GST Act. However, respondent no. 3 issued Deficiency Memo in Form RF....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... submitted that as and when the application is filed by the petitioner for refund of the tax amount paid by the petitioner, the same will be considered and refund will be paid to the petitioner. 5. Under the circumstances, the petitioner shall make an application seeking refund of the amount and in case such application is made by the petitioner, the amount of refund shall be paid to the petiti....