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BUILDERS ASSOCIATION OF NAVI MUMBAI, NEELSIDHI REALTIES vs. UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF FINANCE, THE COMMISSIONER OF GOODS AND SERVICE TAX, THANE & OTHERS
(Bombay High Court)

Hon'ble Judges:

S. C. DHARMADHIKARI
PRAKASH. D. NAIK

Pet. Counsel

Vikram Nankani

Chirag Mody

Aman Kacheria

Res. Counsel

Pradeep S. Jetly

Jitendra B. Mishra

B. B. Sharma

Petitioner / Applicant	BUILDERS ASSOCIATION OF NAVI MUMBAI, NEELSIDHI REALTIES
Respondent	UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF FINANCE, THE COMMISSIONER OF GOODS AND SERVICE TAX, THANE & OTHERS
Court	Bombay High Court
State	Maharashtra
Date	Mar 28, 2018
Order No.	WRIT PETITION NO. 12194 OF 2017
Citation	2018(3) TAXREPLY 3052
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ORDER
1. Rule. Respondents waive service. By consent, Rule is made returnable forthwith. 2. By this writ petition under Article 226 of the Constitution of India, the petitioners are challenging an order levying/collecting the Goods and Service Tax (GST) on the one-time lease premium charged by respondent no. 4 while letting plots of land on lease basis. By prayer clause (b), the petitioners seek a writ of mandamus or any other appropriate writ, order or direction in the nature thereof directing the respondents not to collect the Central Goods and Service Tax on the long term lease granted by respondent no. 4 to the members of petitioner no. 1, including respondent no. 2. 3. Before us is the first petitioner styled as Builders' Association of Navi Mumbai, which is a registered public charitable trust governed by the Bombay, now Maharashtra Public Trust Act, 1950 and the Societies Registration Act, 1860. The second petitioner is a partnership firm carrying on business as Builder....