THE HON’BLE BOMBAY HIGH COURT IN THE CASE OF
Shrinivasa Realcon Pvt. Ltd. V/s Deputy Commissioner Anti-Evasion Branch, CGST & Central Excise Nagpur, decided on 8-4-2025
👉 Issue:-
✔️ Can GST would be levied on TDR/FSI for area sharing basis?
👉 The Hon’ble High Court Judgement:-
✔️ TDR/ FSI as contemplated by entry 5B of Notification No.13/2017-Central Tax (Rate), dated 28-6-2017 as amended by Notification No.5/2019- Central Tax (Rate), dated 29-3-2019, cannot be related to rights which a developer derives from owner under agreement of development for constructing building for owners, in lieu of owner agreeing to permit developer to transfer certain built up units for consideration to be appropriated by developer.
Section 7 read with Section 9 of Central Goods and Services Tax Act, 2017
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