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GST - Highlights / Catch Notes

Home Highlights January 2025 Year 2025 This

The HC held that the assignment/sale/transfer of leasehold ...


Leasehold Rights Transfer Constitutes Sale of Immovable Property, Not Service.

January 10, 2025

Case Laws     GST     HC

The HC held that the assignment/sale/transfer of leasehold rights by the lessee to a third party for a lump-sum consideration is a transfer of "immovable property" and not a supply of service under the GST Act. The leasehold rights encompass incorporeal ownership rights over the land and building, constituting "immovable property". Consequently, such transactions are not subject to GST levy u/s 9(1) of the GST Act.

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