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PANACEA BIOTEC vs. UNION OF INDIA & OTHERS
(Bombay High Court)

Hon'ble Judges:

B.P. COLABAWALLA
FIRDOSH P. POONIWALLA

Pet. Counsel

Abhishek Rastogi

Pooja Rastogi

Meenal Songire Arya

Res. Counsel

S.d. Vyas

Aditya Deolekar

S.d.vyas

Petitioner / Applicant	PANACEA BIOTEC
Respondent	UNION OF INDIA & OTHERS
Court	Bombay High Court
State	Maharashtra
Date	Jan 21, 2025
Order No.	WRIT PETITION NO. 13587 OF 2024
Citation	2025(1) TAXREPLY 12277
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ORDER
P.C. 1. Though several reliefs are claimed in the above Writ Petition, what is seriously pressed before us is prayer clause ii (a) and ii (b) which seeks to quash the show cause notice dated 16th July 2024 issued by Respondent No.3 in FORM GST DRC-01 and the impugned order dated 19th August 2024 passed by Respondent No.3 in FORM GST DRC-07. 2. The issue involved is whether the GST Authorities can levy GST on a Deed of Assignment under which the land and the building constructed thereon is transferred by a Lessee to a 3rd party. According to the Petitioner the transaction in question would fall within Item 5 of Schedule III of the Central Goods and Services Tax Act, 2017 and not under Item 2 of Schedule II of the same Act. This was a contention that was in fact raised in the reply to the show cause notice but the same has not been dealt with at all in the impugned order passed on 19th August 2024. 3. Considering these facts, we are of the opinion that without going into t....