2024 (5) TMI 1254 - SCH - GST

Levy of GST - transfer of development rights of land by the land owners to the petitioner by way of a Joint Development Agreement - it was held by High Court that 'In the absence of any cogent and substantial material to establish right, title and ownership being created in favour of the petitioner/developer, the transfer of development rights as it stands is amenable to GST and cannot be brought within the purview of Entry 5 of Schedule-III of the GST Act.' - HELD THAT - Issue notice, returnable in the week commencing 09.09.2024.

Summary

Issues involved: Notice issued for a legal matter, clarification on payment of taxes pending appeal.

Notice Issue: The Supreme Court, comprising HON'BLE MR. JUSTICE SANJIV KHANNA and HON'BLE MR. JUSTICE DIPANKAR DATTA, issued notice returnable in the week commencing 09.09.2024. The notice was to be served by all modes, including dasti.

Payment of Taxes: The Court clarified that the operation of the impugned judgment/order had not been stayed, emphasizing that taxes would need to be paid while the appeal was pending. The petitioner, Prahitha Constructions Private Limited, was informed that appropriate orders would be passed in accordance with the law if aggrieved by the situation.