Leasehold Rights

No GST on Assignment of Leasehold Rights: Gujarat High Court Extends a Settled Ratio After the Supreme Court Declines to Interfere

A show-cause notice against Hercules Pigments Pvt. Ltd. was quashed in three paragraphs — the Gujarat High Court simply noted that the Supreme Court had, weeks earlier, declined to interfere with its own ruling that assigning a long-term industrial lease is a transfer of immovable property, not a taxable supply of service. The order is thin, but the line of authority behind it is not: this article traces the reasoning back through Gujarat Chamber of Commerce and Industry v. Union of India and KP Green Engineering Ltd. v. Union of India to work out exactly how far the ratio extends, and where it stops.