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Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

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GST UPDATE REGARDING APPLICABILITY OF GST ON LONG TERM LEASE 46/2020-21

GST UPDATE REGARDING APPLICABILITY OF GST ON LONG TERM LEASE 46/2020-21
 
 
GST UPDATE REGARDING APPLICABILITY OF GST ON LONG TERM LEASE:-
 
The issue regarding GST applicability on lease transactions has been an issue of disagreement by the taxpayer as the law does not seeks to distinguish between the long term lease such as that of 99 years which actually has the character of “sale”. The definition of supply under section 7 of the CGST Act, 2017 includesall forms of supply of goods or services or both such as sale, transfer, barter, exchange, licence, rental, lease or disposal made or agreed to be made for a consideration by a person in the course of furtherance of business. Consequently, the activity of lease is specifically included in the meaning of supply and is liable to GST. Now, the question arises is whether the transaction of long term lease, granted for 99 years is liable to GST or not? This issue was considered by the Rajasthan Authority for Advance Ruling in the case of M/s GREENTECH MEGA FOOD PARK PVT. LTD. and is the subject matter of discussion in the present update.
 
The Ministry of Food Processing Industries, Government of India (MOFPI) has granted approval to the applicant company to set up a Mega Food Park. As part of the development or setting up of the Food Park, the applicant company has identified/developed certain individual plots on the project site for the purpose of transferring the plots for a lease of 99 years and setting up of industrial units in accordance with the Scheme Guidelines. The applicant company wishes to enter into agreements with several lessees for a total period of 99 years for separate industrial units situated in Mega Food Park for a consideration towards booking and allotment of developed plot. The question placed before the AAR was whether lease agreement between the applicant company and the lessee for a period of 99 years is a sale of immovable property and is exempt from levy of GST?
 
The AAR referred to entry no. 2(b) of Schedule II wherein it is stated that any lease or letting out of the building including commercial, industrial or residential complex for business or commerce, either wholly or partly, is a supply of services. Since the meaning of lease was not given in CGST Act, 2017, reference was made to Transfer of Property Act, 1992 and it was concluded that the quantum of time for which lease is granted has no relevance and even perpetuity lease such as lease of 99 years is liable to GST. Reliance was also placed on Hon’ble Mumbai High Court decision in the case of BUILDERS ASSOCIATION OF INDIA VERSUS UNION OF INDIA wherein long term lease of 60 years was held liable to GST. It was also held that from the lease agreement, lessee has many restrictions as regards further sale of allotted plot whereas in case of transaction of sale, the sale deed purchaser becomes the absolute owner of the plot and is not dependent on the lessor for renewal or extension of the lease period. It was also held that merely charging stamp duty will not change transaction of lease to sales. As the activity of leasing of land by government, local authority or governmental authority or government entity is only exempt, the present transaction is liable to GST at the rate of 18%.
 
The dispute regarding liability of service tax on long term lease stems from erstwhile taxation regime and it has been consistently held that the period of lease does not lead to considering the transaction of lease as that of sales so as to exempt it from levy of service tax. Similar view is being taken in the GST era also and so the activity of leasing land by any assessee other than government is liable to GST even if the lease is for a period as long as 99 years.

However, it was basic intention of GST that transfer of immovable property was outside the net of GST as stamp duty is paid on the same. It comes under the preview of state Government. But now both the taxes are being charged on such lease of 99 years. It is very cumbersome position. Unless and until, these all laws are merged and only GST is applicable, there will be no immunity to poor assessee. 
 
This is solely for educational purpose.
 
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