9911796707
TMI Blog2025 (1) TMI 1307X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of the long-term Leasehold rights under the provisions of the Goods and Service Tax, 2017 - HELD THAT:- The issue of levy of GST on assignment of the leasehold rights is now no more res integra in view of the decision of this Court in the case of Gujarat Chamber of Commerce and Industries and others vs. Union of India and others [2025 (1) TMI 516 - GUJARAT HIGH COURT], wherein it is held that & ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... USTICE D.N.RAY Appearance: For the Petitioner(s) No. 1: Mr Tarak Damani (6089). For the Respondent(s) No. 3,4: Advance Copy Served To Government Pleader/PP. For the Respondent(s) No. 1: Mr Ankit Shah (6371). For the Respondent(s) No. 2,3: Nidhi T Vyas (7772). ORAL ORDER (PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA) 1. Heard learned advocate Mr. Tarak Damani for the petitioner and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tax Credit under Section 16 of the Goods and Service Tax Act, 2017 as and when Goods and Service Tax is paid on the transaction of assignment of the long-term Leasehold rights to all the assignee's in whose favor the long-term Leasehold rights have been assigned; (D) YOUR LORDSHIPS be pleased to issue a writ in the nature of Mandamus and direct the Respondent Authorities to refund and re-credit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s arising out of "immovable property" by the lessee-assignor in favour of third party-assignee who would become lessee of GIDC in place of original allottee-lessee. In such circumstances, provisions of section 7 (1) (a) of the GST Act providing for scope of supply read with clause 5 (b) of Schedule II and Clause 5 of Schedule III would not be applicable to such transaction of assignment of leaseho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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