Dlf Limited vs Gurgaon I on 22 May, 2019
1
CUSTOMS, EXCISE & SERVICE TAX
decision of the Hon'ble Karnataka
High Court in the case of Indus Towers Ltd. Vs Deputy
Comm. of Commercial Taxes, Banglaore, as reported ... only in nature
of licence as defined under Section 52 of Easements Act,
1882 - In that view, there was no sale or deemed sale
decision of the Hon'ble Karnataka
High Court in the case of Indus Towers Ltd. Vs Deputy Comm.
of Commercial Taxes, Banglaore, as reported ... only in nature of licence as defined under
Section 52 of Easements Act, 1882 - In that view, there was
no sale or deemed sale
decision of the Hon'ble Karnataka
High Court in the case of Indus Towers Ltd. Vs Deputy Comm.
of Commercial Taxes, Banglaore, as reported ... only in nature of licence as defined under Section 52 of
Easements Act, 1882 - In that view, there was no sale or
deemed sale
notice-Amount received for easement rights held
not taxable- Section 65 (30)(a) and 65 (105) (zzzh) of the Finance Act, 1994.
14. Development ... exclusion of the lessor. Whereas under Section 52 of the Indian
Easement Act, 1882, if a document gives only a right to use the property
Section 52 of the Easements Act,
1952. A licence cannot in law confer any right; it can only
prevent an act from being unlawful which ... operator."
4.4.8 Hon'ble Madhya Pradesh High Court has in case of Bharti
Infratel Ltd [2018 (17) GSTL 225 (MP)](Affirmed
Section 52 of the Easements Act,
1952. A licence cannot in law confer any right; it can only
prevent an act from being unlawful which ... operator."
4.4.8 Hon'ble Madhya Pradesh High Court has in case of Bharti
Infratel Ltd [2018 (17) GSTL 225 (MP)](Affirmed
license" was defined in Section 52 of the
Indian Easement Act, 1882 (Act No. 5 of 1882) as follows:
C "Where one person ... such right, be
unlawful, and such right does not amount to an easement
or an interest in the property, the right is called a License
clear cut definition of the word 'appurtenant' in the
Finance Act . However, the expression in the Real Estate and Property Law
generally refers ... considered as area appurtenant to the office building. In fact, certain
easements, gardens, yards, shared amenities, etc., can be considered as
appurtenant to the dominant
both the cases stipulate the
development and construction of apartments of the entire piece of
land. In both the cases, the Agreement for Sale entered ... construction of
apartments over the entire piece of land.
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7. In the case of both the residential complex projects, there is no
distinction/demarcation between