Jan 2, 2023
This ruling brings good news, but with a note of caution. The Supreme Court has now firmly confirmed that transferring leasehold rights in an industrial plot for a lumpsum isn’t a “supply” and doesn’t attract GST — simply by following its own earlier decision in the Aerocom Cushions case. Companies can now rely on this settled position for similar transactions. But it’s not a blanket free pass for every leasehold deal. Businesses must make sure their transaction genuinely qualifies — a real transfer of property rights, properly documented — and not just structured on paper to look that way. If the facts don’t truly match, relying on this ruling could still backfire.