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GST - Highlights / Catch Notes

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Scope of supply - transfer of leasehold rights in respect of ...

Case Laws     GST

February 13, 2024

Scope of supply - transfer of leasehold rights in respect of Noida Authority allotted land - The AAR held that, 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. - The Authority for Advance Ruling ruled that the transfer of leasehold rights constitutes a supply under the CGST Act and that GST is applicable on the consideration received for the transfer. However, they did not comment on the eligibility of input tax credit for the recipient of the service.

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