Case Law Details
Prahitha Constructions Pvt. Ltd. Vs Union of India and Others (Supreme Court of India)
Supreme Court (SC) issues notice against HC judgment imposing GST on transfer of development rights to real estate developers by Joint Development Agreement (JDA)
The Hon’ble Supreme Court heard and issued notice in the case of Prahitha Constructions Pvt. Ltd. v. Union of India and Others [SLP (C) No. 11079/2024] on May 13, 2024, wherein the Hon’ble Telangana High Court in the case of Prahitha Construction v. Union of India and Others [Writ Petition No. 5493 of 2020 dated February 9, 2024] held that, the transfer of the development rights to real estate developers by way of Joint Development Agreement with the land owners, would fall within the purview of taxable service under GST.
However, the Hon’ble Supreme Court stated that the Impugned Judgement rendered by the Hon’ble High Court is not stayed, and therefore the Petitioner is required to pay the taxes.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
Issue notice, returnable in the week commencing 09.09.2024.
Notice will be served by all modes, including dasti.
We clarify that we have not stayed the operation of the impugned judgment/order and, therefore, taxes will have to be paid.
In case the petitioner – Prahitha Constructions Private Limited is aggrieved, appropriate orders will be passed in accordance with the law.
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