Recipient not eligible for ITC of GST paid on transfer of rights of leasehold land


Last updated: 03 October 2023

Court :
AAR, Gujarat

Brief :
The AAR, Gujarat, in the case of M/s Bayer Vapi Private Limited [Ruling No. GUJ/GAAR/R/2023/29 dated August 24, 2023] ruled that the transferee acquiring the rights of the lease for construction of the immovable property is not entitled to take Input Tax Credit ("ITC") of the Goods and Service Tax ("GST") paid by them on the services received by the Transferor by way of the lease as per Section 17(5)(d) of the Central Goods and Services Tax Act, 2017 ("the CGST Act").

Citation :
Ruling No. GUJ/GAAR/R/2023/29 dated August 24, 2023

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Bimal Jain
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