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2022 Supreme(Kar) 7

ALOK ARADHE, M.I.ARUN
Taghar Vasudeva Ambrish – Appellant
Versus
Appellate Authority For Advance Ruling Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Arvind Datar, Sr. Counsel For Mrs. Nayana Tara B.G. Adv., & Mr. Rahul Unnikrishnan, Adv.,
For the Respondent: Mr. Hema Kumar, AGA, Mr. Jeevan J. Neeralgi, Spl. Counsel

ORDER :

Alok Aradhe, J.

In this writ petition, the solitary question which arises for consideration is whether the service provided by petitioner i.e., leasing of residential premises as hostel to students and working professionals is covered under Entry 13 of Notification No.9/2017 dated 28.09.2017 namely 'Services by way of renting of residential dwelling for use as residence' issued under Integrated Goods and Services Tax Act, 2017 (hereinafter referred to as 'the Act' for short).

FACTUAL BACKGROUND

2. The factual background in which the aforesaid question arises for consideration need mention. The petitioner is co-owner of a residential property situate in Bengaluru. The property is a residential property having 42 rooms in all spread out between a stilt floor, ground floor and four floors along with terrace and common areas. The petitioner along with other co-owners have executed a lease deed in favour of the lessee namely M/s. D Twelve Spaces Private Limited (hereinafter referred to as 'the lessee') on 21.06.2019. The lessee has leased out the residential property as Hostel

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