THE ESTATE INVESTMENT COMPANY PVT. LTD. v. THE UNION OF INDIA — BOMBAY HIGH COURT
High Court, Bombay
B.P. Colabawalla, Justice & Firdosh P. Pooniawalla, Justice
THE ESTATE INVESTMENT COMPANY PVT. LTD.
v.
THE UNION OF INDIA
WRIT PETITION (L) No. 12207 of 2025 dated 06.05.2025
Law : GST
Act Name : Central Goods & Service Tax Act, 2017
Relevant Section : Section 7 & 9
Decision : Interim
Levy of GST – Petitioner challenged GST levy on execution of release deeds in favor of land occupants/encroachers – Lands originally granted under 999-year lease indenture dated 1870 by Secretary of State for India – State treated releases as taxable assignment of leasehold rights – Petitioner contended releases not lease assignments, alternatively covered by Gujarat Chambers of Commerce and Industry(2025) holding assignment of GIDC leasehold rights as transfer of immovable property benefits outside Section 7(1)(a), Schedule II clause 5(b), Schedule III clause 5 and Section 9 GST Act – Issue pending in connected matters including Siemens Limited where adjudication stayed – Subsequent SCNs for later years also impugned – Held: Ad-interim stay on impugned order and notices granted – Matter tagged with connected petitions for directions.
Represented By:
Counsel for the Petitioner: Sharan Jagtiani, a/w Adv. Rohan Kadam, Adv. Rohan Dakshini, Adv. Prakhar Parekh, Adv. Azraa Milwalla, Adv. Arya Gadagkar & Adv. Jai Sanyal
Continue Reading...
This is only a preview of the article. The complete article contains detailed analysis, examples, notifications, circulars, case laws, interpretations and practical guidance available to premium members.
This is only a preview of the article. The complete article contains detailed analysis, examples, notifications, circulars, case laws, interpretations and practical guidance available to premium members.
🔒 Premium Content
Subscribe to access complete articles, notifications, circulars, case laws, downloads, videos and premium resources.
Become Premium Member