Advance Ruling— The present application has been filed by M/s. United Breweries Limited, the applicant, seeking an advance ruling in respect of the following question.

Whether assignment/transfer of leasehold rights in land & structures standing there by the applicant to M/s. Greenscape IT Park LLP would qualify as ‘supply’ and liable to GST and if so, then under which section of GST Act?

The Applicant has transferred its lease rights in respect of lease hold land measuring 24,300 Sq. Mtrs., which was leased out to them by the Maharashtra Industrial Development Corporation (MIDC), to M/s. Greenscape IT Park LLP under an agreement dated 24.12.2020 known as “Deed of Assignment Cum Transfer” for an agreed consideration of Rs. 72, 90, 00,000/-.

Held that— Based on the submissions made by the applicant and hearings conducted, the subject application is rejected as being non-maintainable as per Section 95 of the CGST Act, 2017 because the questions raised by the applicant are in respect of past and completed supply as on the date of the application and not supply, which is being undertaken/proposed to be undertaken.