1.06.2023: Industrial Units in Gujarat’s GIDC Estates Oppose GST on Transfer of Land: Concerns Raised by MSMEs

Industrial units in Gujarat's GIDC estates are opposing the imposition of goods and services tax (GST) on the transfer of GIDC plots. This has become a concern for micro, small, and medium enterprises (MSMEs) as they are facing higher GST liabilities than their profits due to unviable businesses resulting in quick plot transfers. Some industry associations plan to file a petition in the high court because the GST department is charging GST on GIDC land transfers without allowing input tax credit (ITC). The Gujarat Chamber of Commerce and Industry (GCCI) has written to the chief minister and the Union finance minister, arguing that GIDC plots, being leasehold land, should not be subjected to GST. The GST department has been collecting information on GIDC plot transfers and issuing GST notices to companies for tax imposition on the consideration received for the assignment of leasehold land. There are cases where sellers and buyers are not in contact or have disputes over retrospective GST liability, resulting in penalties and interest. The Ankleshwar Industries Association has advised its members not to pay GST for lease transfers and plans to take the issue to court if it remains unresolved. Numerous MSME units that have transferred their GIDC plots have already received GST notices, creating further concerns.

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