This case deals with the classification of supply and taxability ...

GST Applies to Transfer of Buildings on Government Land as Service, Not Sale; Taxed at 18% Under Schedule II of CGST Act.

September 2, 2024

Case Laws     GST     AAR

This case deals with the classification of supply and taxability under GST for the handover of building, civil structures, and railway siding constructed by the applicant on government land to a new lessee (OMCL). The key points are: 1) The transfer of building without ownership rights in the underlying land does not constitute a 'sale' under GST. 2) The consideration received by the applicant from OMCL for handing over the constructed assets is not merely a monetary transaction but constitutes a supply of service. 3) The applicant's agreement to refrain from removing the constructed assets against consideration from OMCL is treated as a supply of service under Entry 5(e) of Schedule II of the CGST Act. 4) This service is classifiable as 'Other Miscellaneous Service' (SAC 999792) and taxable at 18% GST rate.

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