9911796707
TMI BlogIssue related to taxability. of 'tenancy rights' under GST.X X X X Extracts X X X X X X X X Extracts X X X X ..... Jt. Commissioner of State Taxes and Excise Central zone, North zone, Flying squad NZ/ SZ/ CZ. 3. The Director (Directorate Treasuries, Accounts and Lotteries) Block No-23 SDA Complex, Kasumpati, Shimla- 171009. 4. The Dy. Commissioner of State Taxes and Excise, Shimla, Solan, BBN Baddi, Sirimour, Bilaspur, Hamirpur, Mandi, Kullu, Chamba, Kangra, Revenue Distt Nurpur and Una, H.P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... premium which is also known as pagadi system the tenant acquires, tenancy rights in the property against payment of tenancy premium (Pagdi). The landlord be owner of the property but the possession of the same lies with the tenant. The tenant pays periodic rent to the landlord as long as he occupies the property. The tenant also usually has the option to sell the tenancy right of the said pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is a form of lease or renting of property and such activity is specifically declared to be a service in para 2 of Schedule II i.e. any lease, tenancy, easement, licence to occupy land is a supply of services. 4. The contention that stamp duty and registration charges is levied on such transfers of tenancy rights and such transaction thus should not be subjected to GST. is not relevant. Merely ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... [Sl. No. 12 of notification No. 12/2017-State Tax (Rate), dated 30 th June, 2018]. Hence grant of tenancy rights in a residential dwelling for use as residence dwelling against tenancy premium or periodic rent or both is exempt. As regards services provided by outgoing tenant by way of surrendering the tenancy rights against consideration in the form of a portion of tenancy premium is liable to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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