High Court remands back matter relating to levy of GST on transfer/assignment of Leasehold rights directing Department to consider Gujarat HC Judgment

Last updated: 30 January 2025

Court :
Bombay High Court

Brief :
The Hon'ble Bombay High Court in the case of Panacea Biotec Limited Vs Union of India & Ors [Writ Petition No.13587 of 2024 dated January 21, 2025] set aside the SCN issued and order passed relating to levy of GST on the transaction relating to assignment of leasehold rights by a lessee to third party for on account of non-consideration of reply at the time of passing of order. The Hon'ble High Court also directed the Department to consider the judgment passed by the Hon'ble Gujarat High Court in the case of Gujarat Chamber of Commerce and Industry & Ors. Vs UOI & Ors. [R/Special Civil Application No. 11345 of 2023 dated January 03, 2025] wherein it was held that transfer/assignment of Leasehold rights in industrial-land not taxable.

Citation :
Writ Petition No.13587 of 2024 dated January 21, 2025