BOMBAY HIGH COURT [Vidarbha Beverages and V/s Union of India]
Bombay High Court quashed show cause notice issued under Section 74 demanding GST on assignment of 95-year leasehold rights in MIDC plot. Court held that assignment of leasehold rights, resulting in extinguishment of assignor’s interest, constitutes transfer of benefits arising from immovable property and not supply of services under Section 7 read with Schedule II. Relying on Gujarat High Court decision, it ruled such transactions fall outside GST ambit. Notice and adjudication order are set aside.