VidhiSangh

Supreme Court of India · 04/12/2025

THE STATE OF KARNATAKA & ANR. versus TAGHAR VASUDEVA AMBRISH & ANR.

[2025] 12 S.C.R. 366 · 2025 INSC 1380

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Summary

A co-owner leased a residential building to a company that sub-let it as long-stay hostel accommodation for students and working professionals. The rent he received was exempt from IGST under Entry 13 of Notification No. 9/2017-Integrated Tax (Rate) for the period before the 2022 amendment. Entry 13 does not require the lessee itself to use the dwelling as its residence, and the revenue's appeals were dismissed.

Issues

  1. Whether a building of 42 rooms let out for long-term hostel accommodation is a "residential dwelling" under Entry 13 of Notification No. 9/2017-Integrated Tax (Rate).
  2. Whether the exemption for renting of a residential dwelling "for use as residence" is lost because the lessee company does not reside there but sub-leases it to students and working professionals.
  3. Whether the amendment to Entry 13 with effect from 18/07/2022, excluding renting to a registered person, applies to the earlier period.

Provisions considered

Held

Result

Revenue's appeals dismissed; High Court judgment granting the Entry 13 exemption for the pre-amendment period upheld.

Judgment PDF: Supreme Court of India, [2025] 12 S.C.R. 366.