ArticleGST Article

Assignment of Leasehold Rights as Transfer of Immovable Property Not Liable to GST

The Hon’ble Bombay High Court in the case of Hindustan Equipment Craft v. Assistant Commissioner of State Tax [Writ Petition No. 1257 of 2026, order dated February 27, 2026] held that assignment of leasehold rights to a third party constitutes transfer of benefits arising out of immovable property and does not qualify as a “supply of services” under the GST regime, thereby not liable to GST.

ArticleGST Article

Vague and Non-Specific SCN Without ‘Details’ Under Section 73 of the CGST Act is Unsustainable

The Hon’ble Punjab & Haryana High Court in the case of Abbott Heathcare Private Limited vs Excise and Taxation Commissioner and Ors [CWP 4495 of 2024, order dated April 02, 2026] held that a show cause notice issued under Section 73 of the CGST Act, lacking specific ‘details’ and basis for allegations, is vague, non-specific, and violates principles of natural justice, thereby rendering it liable to be quashed.

ArticleGST Article

Mere Similarity in Packaging Features Do Not Constitute a ‘Brand Name’; Exemption Allowed Where Enforceable Brand Rights Are Relinquished

The Hon’ble Madras High Court in the case of NarasusSaarathy Enterprises Private Limited v. Additional Commissioner of GST & Central Excise [W.P.No.6069 of 2025, order dated March 16, 2026] held that mere similarity in packaging, graphics, colour scheme, or mandatory statutory disclosures does not constitute a “brand name” for the purpose of denying GST exemption, and where the assessee has voluntarily foregone actionable claim over a brand name, exemption under Notification No. 2/2017–CT (Rate) dated June 28, 2017 cannot be denied.

ArticleGST Article

No IGST/ Service Tax on Ocean Freight under CIF Contracts – Importer Not ‘Recipient’ and Levy Violates Composite Supply Principle

The Hon’ble Bombay High Court in the case of Firmenich Aromatics Production India Pvt. Ltd. held that importers under CIF contracts are not liable to pay IGST/service tax on ocean freight under reverse charge, as they are neither recipient of such services and such levy violates the concept of composite supply under GST law.