The has set aside a ₹5.50 crore raised against , ruling that tax cannot be levied on from two building blocks merely because their plans had been approved. Since construction had not commenced in either block, the Court held, the demand could not stand. Justice Krishnan Ramasamy remanded the matter to the for , subject to the company depositing ₹50 lakh within four weeks.
The disputed order raised a demand of ₹5,50,25,100 based on , together with ₹2,40,19,438 towards other liabilities. The case concerned Block Nos. 12 and 13 in a development project that had received from the . Before the High Court, the company contended that the was based solely on that , despite construction not having commenced. It also argued that it had not been given to file a detailed reply before the demand was finalised.
A Demand Built on Plans, Not Bricks
The petitioner’s challenge centered on the gap between and actual construction. In its submission, Block Nos. 12 and 13 remained unbuilt during the , and no had arisen from them. The relied on by the assessing officer was, in the company’s view, a hypothetical figure drawn from the rather than from any real transaction. , it argued, cannot be imposed on a development that exists only on paper.
The defended the , maintaining that had been provided to the . The officer’s position was that the and the project’s revenue potential justified the demand. The High Court, however, found the company’s factual assertion persuasive. It noted that construction had not commenced in either block. It further found that the company had not been afforded to present its defence. In the operative view of the Court, “tax cannot be levied on from two building blocks merely because their plans had been approved.”
That conclusion is likely to be watched closely by real estate developers and practitioners. is often secured long before construction begins, and the interval between approval and the first build can extend across several financial years. The judgment makes clear that an based exclusively on , with no construction activity to support it, cannot proceed on that basis alone. It does not, however, decide the ultimate of the project; that question has been left open for the .
with a ₹50 Lakh Deposit
The relief came with conditions. The Court directed the company to file its objections and supporting documents within four weeks. Once those objections are received, the must consider the submissions, grant a , and pass a and . The is designed to cure both the factual and procedural defects identified by the Court.
At the same time, the Court made the subject to a deposit of ₹50 lakh within the . The deposit operates as a safeguard for the revenue while the is reopened. If the company does not comply, the benefit of the may be lost. The original demand—₹5,50,25,100 on plus ₹2,40,19,438 towards other liabilities—remains the backdrop to the , though its fate will depend on the .
The direction is significant in a case like this. The company’s complaint was not simply about the arithmetic of the demand; it was about the absence of a meaningful chance to set out why the two blocks had not generated taxable revenue. By expressly requiring a hearing, the Court has ensured that the ’s explanation will be on record before the tax officer takes a final view.
De-freezing Accounts If Is Not Lifted
The Court also addressed the practical consequence of the demand: the of the company’s bank accounts. Such attachments are in disputes, but they can disrupt business operations before the is finally determined. The Court clarified that “if the tax officer failed to communicate the lifting of the within the ,” the company could approach the concerned banks directly with proof of payment and a copy of the order to have the accounts de-frozen.
That direction provides an if the tax officer does not act. The company no longer needs to seek the High Court’s intervention merely to restore access to its accounts; it can present proof of the deposit and a copy of the order to the banks themselves. The clarity is useful for assessees who face prolonged freezes during proceedings.
The case now returns to the . The company has four weeks to file a detailed response with supporting evidence. The officer must then grant a and pass a . If the is not lifted and communicated within the , the company may approach the concerned banks directly with proof of payment and a copy of the order to have the accounts de-frozen.
GST demand on projected revenue - uncommenced construction taxability - fresh assessment directions - inadequate opportunity of hearing - de-freezing attached bank accounts