2024-VIL-146-AAR
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SGST Advance Ruling Authority

GST – Odisha AAR - Sale of Building - Clause 5(e) to Schedule III of the CGST Act, 2017 - Applicant entered into lease agreement with the Government of Odisha for mining operations. Upon the lease's expiration, the mining lease was granted to Odisha Mining Corporation Limited (OMCL) - The Applicant transferred buildings, civil structures, and railway sidings to OMCL for a monetary consideration - Whether the transfer of buildings, civil structures, and railway sidings by the applicant to OMCL on “as is where is basis” constitutes a sale of buildings under Clause 5 of Schedule III of the CGST Act 2017, thereby not attracting GST or whether it is a supply of service - HELD - the applicant, by entering into an agreement with OMCL, effectively agreed to refrain from removing the structures on the land for the benefit of OMCL. This act of refraining from removal constituted a service under Section 7(1) of the CGST Act, 2017, specifically falling under Clause 5(e) of Schedule II. The transaction is classifiable as a "supply of service" rather than a sale of immovable property - The handover of the buildings, civil structures, and railway sidings by the applicant to OMCL is not considered a sale under Clause 5 of Schedule III of the CGST Act 2017. The subject transaction is supply of service, classifiable under other miscellaneous services (SAC 999792) and taxable at 18% under Sl. No. 35 of Notification No. 11/2017-CT(Rate) dated 28.06.2017 – Ordered accordingly
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