GOPAL IRON AND STEEL CO (GUJ) LIMITED v. OFFICE OF ASSISTANT COMMISSIONER OF STATE TAX – Gujarat High Court
High Court, Gujarat
A. S. Supehia, Justice & Pranav Trivedi, Justice
GOPAL IRON AND STEEL CO (GUJ) LIMITED
v.
OFFICE OF ASSISTANT COMMISSIONER OF STATE TAX
R/SPECIAL CIVIL APPLICATION NO. 14735 of 2025 dated 28.11.2025
Law : GST
Act Name : Central Goods & Service Tax Act, 2017
Relevant Section : Section 7, 70 & 74
Decision : In favour of assessee
Levy of GST – Assignment of leasehold rights – Petitioner allotted industrial plot by GIDC on 99-year lease, on financial default mortgaged land transferred to purchaser through tripartite agreement with bank and GIDC approval – Department issued SCN under Section 74 treating assignment of leasehold rights as “supply of service” under Heading 9972 – Petitioner relied on Gujarat Chamber of Commerce & Industry wherein held transfer or assignment of long-term leasehold rights constitutes sale/transfer of immovable property not supply of service under Section 7(1)(a) read with Schedule II & III of GST Act and beyond scope of GST levy – Held: SCN quashed.
Represented By:
Counsel for the Petitioner: Ashutosh S Dave
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