Bombay HC Stays GST on Leasehold Rights Assignment

Tokheim India Pvt. Ltd. Vs Union of India (Bombay High Court)

Bombay High Court has issued a stay on the levy of Goods and Services Tax (GST) on the assignment of leasehold rights for plots allotted by the Maharashtra Industrial Development Corporation (MIDC), including buildings constructed on them, when transferred by a lessee to a third party for a lump sum consideration. The decision comes amidst ongoing legal debates regarding the classification of such transactions under GST law.

The core issue before the court is whether the assignment of leasehold rights constitutes

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