No ITC on GST Paid for Industrial Land Lease due to Section 17(5)(d) Bar AAR Gujarat

Agratas Energy Storage Solutions Pvt Ltd (GST AAR Gujarat)

M/s Agratas Energy Storage Solutions Pvt. Ltd., a wholly owned subsidiary of Tata Sons, registered under GST, sought an advance ruling from the Gujarat Authority for Advance Ruling (AAR). The applicant entered into a 50-year lease agreement with the Government of Gujarat, beginning on 26 June 2024, for industrial land measuring approximately 321 acres in Sanand GIDC, Ahmedabad. The lease requires annual rent payment at 6% of the market value (with a 10% escalation every five years). The applicant is liable to pay GST under

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