H. C. Krishnappa vs. The Deputy Commissioner

WP/27189/2026HC KarnatakaGSTCNR KAHC01060151202629 August 2026Bench: R. NATARAJ9 pages
For Petitioner: SRI. NARENDRA GOWDA, ADVOCATE
AI SummaryAllowed

Held

The High Court held that immovable property, including buildings, cannot be construed as goods or services. Therefore, the acquisition of property by the State through eminent domain does not fall within the definition of 'supply of goods or service' under the GST Act. The deduction of GST was deemed an arbitrary and excessive exercise of power.

Facts

Petitioners' land and structures were acquired for a national highway, and the acquiring authority deducted 18% GST (Rs. 6,45,235.32) from the compensation amount of Rs. 54,12,091.16. The petitioners challenged this deduction, arguing that land acquisition is not a supply of goods or services under the GST Act.

Key Issues

Whether GST is leviable on compensation paid for the compulsory acquisition of land and structures by the State, and whether such acquisition constitutes a 'supply of goods or services' under the GST Act.

Sections Cited

Central Goods and Service Tax Act, 2017, Article 366(12A) of the Constitution of India, Section 3 of the Transfer of Property Act, 1882

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HC-KAR

CNR: KAHC010601512026 NC: 2026:KHC:47189 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 27189 OF 2026 (LA-RES) BETWEEN:

1.

H. C. KRISHNAPPA S/O LATE CHALUVAIAH AGED ABOUT 74 YEARS, BASAVANAHALLI VILLAGE KUSHAL NAGAR TALUK KODAGU DISTRICT 571234

2.

K.MAHINDRA S/O H.C.KRISHNAPPA AGED ABOUT 44 YEARS, BASAVANAHALLI VILLAGE KUSHAL NAGAR TALUK KODAGU DISTRICT 571234 …PETITIONERS (BY SRI. NARENDRA GOWDA, ADVOCATE) AND:

1.

THE DEPUTY COMMISSIONER KODAGU DISTRICT, KODAGU-571201

2.

THE SPECIAL LAND ACQUISITION OFFICER AND COMPETANT AUTHORITY, NATIONAL HIGHWAY 275 (MYSORE MADIKERE DIVISION), NO 984, 1ST FLOOR, GEETHA ROAD CHAMARAJPURAM, MYSORE 570005 HEMALATHA J Location: HIGH COURT OF KARNATAKA HC-KAR

CNR: KAHC010601512026 NC: 2026:KHC:47189

3.

NATIONAL HIGHWAY AUTHORITY OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT OF

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