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GST - Highlights / Catch Notes

Home Highlights August 2020 Year 2020 This

Levy of GST on Transfer Fee - Assignment of leasehold rights on ...


Leasehold Rights Transfer Fee Subject to 18% GST; Classified as 'Other Miscellaneous Service' Under SAC 999792.

August 13, 2020

Case Laws     GST     AAR

Levy of GST on Transfer Fee - Assignment of leasehold rights on land - The activity of assignment is in the nature of agreeing to transfer one’s leasehold rights. It does not amount to further sub-leasing, as the applicant’s rights as per the Deed stands extinguished. Neither does it create fresh benefit from land other than the leasehold right. It is like a compensation for agreeing to do the transfer of the applicant’s rights in favour of the assignee. It is a service classifiable under ‘Other miscellaneous service’ (SAC 999792) and taxable @ 18% - Available for ITC - AAR

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