9911796707
TMI Blog2025 (3) TMI 547X X X X Extracts X X X X X X X X Extracts X X X X ..... 'the assignment by sale or transfer of leasehold rights of the plot of land allotted by the Gujarat Industrial Development Corporation (GIDC) to the lessee or its successor (assignor) in favour of a 3rd party (assignee) for consideration, shall be an assignment/sale/ transfer of benefits arising out of "immovable property" by the lessee-assignor in favour of a 3rd party who would then become a lessee of GIDC in place of the original allottee-lessee. In such circumstances, the Gujarat High Court held that the 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 a transaction and the same would not be subject to levy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ights of a plot of land allotted on lease by the Maharashtra Industrial Development Corporation (MIDC), and the buildings constructed thereon by the lessee to a third party, on the payment of a lump sum consideration. The GST Authorities consider the same as a supply of service under the provisions of the Central/ State Goods and Services Tax Act, 2017. According to the Petitioners, the issues raised in the present Petition are squarely covered by a Division Bench decision of the Gujarat High Court in the case of Gujarat Chambers of Commerce and Industry & Others v/s. Union of India & Others (2025) (1) TMI 516 Gujarat High Court decided on 3rd January, 2025. 3. The Division Bench of the Gujarat High Court has taken a view that the assignm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (page No. 205 of the Petition). In all these cases (listed at Exh. E), where any show cause notice has been issued and not adjudicated, the adjudication of the show cause notice, shall remained stayed. If any adjudication orders have already been passed, (in relation to the entities mentioned at Exh. E), then the adjudication orders shall also remained stayed. 6. We place the above Writ Petition along with Writ Petition No. 14434 of 2023 and Writ Petition No. 16665 of 2024 on board "for directions" on 10th March, 2025. On that date, we will decide when to fix these matters for hearing and final disposal. 7. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production ..... X X X X Extracts X X X X X X X X Extracts X X X X
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