LUPIN LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned advocate Mr. Bharat Raichandani with learned advocate Mr. Aditya R. Parikh with for the petitioner, learned Assistant Government Pleader Mr. Krutik Parikh for respondent No.2 and learned advocate Mr. Priyank Lodha for respondent Nos. 3 and 4.

(2.) By invoking the writ jurisdiction of this Court, the petitioner has prayed to call for the records pertaining to the recovery notice dtd. 28/5/2021 stated to have been issued by respondent No.3- the Directorate General of GST Intelligence, Vadodara. It is a further prayer made wanting this Court to go into the validity and legality of the said recovery notice and to hold that long term lease of 99 years is nothing but sale of land and building in terms of Entry 5 of Schedule III to Sec. 7 of the CGST Act,2017 and that it would not attract the levy of GST. It is further prayed to require the respondent authorities not to effect any recovery pursuant to the said notice.

(3.) Stating the bare minimum facts, the petitioner purchased the Plot Nos. 2201 and 2202 in the Ankleshwar Industrial Area of Gujarat Industrial Development Corporation. Deed of Assignment-cum- Slup Deed dtd. 28/10/2010 was executed. Subsequently, the petitioner sold of the said property by sale deed dtd. 8/6/2018 transferring rights thereunder to one Siddharth Interchem Private Limited. It was stated that the said Siddharth Interchem Private Limited would be using the plot for manufacturing operations. It further appears that the petitioner received impugned "recovery notice" as is styled by the petitioner in relation to the said transaction.