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AGI GREENPAC LIMITED vs. ASST COMMISSIONER OF STATE TAX UNIT - 21 & OTHERS
(Gujarat High Court)

Hon'ble Judges:

BHARGAV D. KARIA
NIRAL R. MEHTA
Pet. Counsel
Manav Gupta
Parth S Shah
Res. Counsel
---

Petitioner / Applicant

AGI GREENPAC LIMITED

Respondent ASST COMMISSIONER OF STATE TAX UNIT - 21 & OTHERS
Court Gujarat High Court
State

Gujrat

Date Apr 30, 2024
Order No.

R/SPECIAL CIVIL APPLICATION NO. 7108 of 2024

Citation

2024(4) TAXREPLY 9897

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ORDER

ORDER ( PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA ) 1. Heard learned advocate Mr.Parth Shah with learned advocate Mr.Manav Gupta with learned advocate Mr.Salil Garg for the petitioner. 2. Learned advocate Mr.Parth Shah submitted that the petitioner has challenged the Show Cause Notice dated 04.03.2024 issued by the Respondent No.1 for levy of goods and service tax on the transfer of leasehold property of the Gujarat Industrial Development Corporation. 3. It was submitted that transfer of leasehold property would not fall within the purview of Schedule - IIA of the Central Goods and Service Tax Act, 2017 which deals in activity of the goods and service in lease, tenancy or license to occupy the land being a ‘supply of service’. However, what is actually being taxed in the hands of the petitioner is a sale of land on transfer of leasehold rights. 4. It was submitted that similar matter being Special Civil Application No.11345 of 2023 and Special Civ....

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