Prahitha Constructions Private Limited Vs Union of India
Date: May 12, 2024
Subject Matter
HC order in respect of GST on execution of the JDA and the transfer of development rights NOT STAYED
Summary
The Supreme Court issued notice in a case where the High Court imposed GST on the transfer of development rights to real estate developers through Joint Development Agreements with landowners. The High Court held that the transfer of development rights through JDA falls within the purview of taxable services under GST. However, the Supreme Court clarified that it did not stay the operation of the High Court's judgment, and therefore, the petitioner is required to pay the taxes. The Supreme Court also stated that if the petitioner, Prahitha Constructions Pvt. Ltd., is aggrieved, appropriate orders will be passed in accordance with the law.
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