Bombay High Court Judgment in Writ Petition No. 7135 of 2024
Case Title: M/s Shrinivasa Realcon Private Ltd. vs. Deputy Commissioner, Anti-Evasion Branch, CGST & Central Excise, Nagpur & Others
Date of Judgment: 8th April 2025
The Bombay High Court at Nagpur allowed a writ petition filed by M/s Shrinivasa Realcon Pvt. Ltd., challenging a GST demand arising from a development agreement dated 07.04.2022.
Key Points:
- The petitioner was appointed as a developer for constructing a multi-storied complex on land owned by a third party.
- The department issued a notice claiming GST under Entry 5B of the Notification dated 28.06.2017 (as amended by Notification dated 29.03.2019), treating the transaction as a “transfer of development rights (TDR).”
- The Court observed that the agreement did not involve any transfer or purchase of TDR/FSI as defined under the Maharashtra UDCP Regulations.
- It held that Entry 5B applies only to transactions involving actual transfer of TDR/FSI and does not cover development rights granted under a private development agreement.
- Consequently, the show cause notice dated 14.08.2023 and the subsequent GST demand order dated 10.12.2024 were quashed and set aside.
Verdict: Petition allowed. No costs awarded.