Assignment of Leasehold Rights in India: Assessing Taxability under the GST Regime
Taxing assignment of leasehold rights under the GST regime has been an unsettled issue, intertwined within considerations of indirect taxation and property law, for a significantly long time. Property law theorists categorise assignment of leasehold rights as a sale of immoveable property, after delving into the legal meaning of the term ‘immoveable property’ which also includes ‘benefits arising out of such property.’ Further, sale of immoveable property cannot reasonably be equated to a ser...