B Padmanabha vs. The Deputy Commissioner

WP/24267/2026HC KarnatakaGSTCNR KAHC01053440202618 August 2026Bench: R. NATARAJ8 pages
For Petitioner: SRI. NARENDRA GOWDA, ADVOCATE
AI SummaryAllowed

Held

The High Court held that compulsory acquisition of immovable property is an expropriation by the State, not a 'supply of goods or services' under the GST Act. Therefore, GST cannot be levied on the compensation paid for such acquisition, including for structures, as they are part of immovable property.

Facts

The petitioner's land and structures were compulsorily acquired for a highway project, and an award of Rs. 72,20,657.24 was determined as compensation. The acquiring authority deducted Rs. 10,64,810.14 as 18% GST from this compensation, which the petitioner challenged.

Key Issues

Whether Goods and Services Tax (GST) is leviable on the compensation amount paid for the compulsory acquisition of land and structures by the State.

Sections Cited

Central Goods and Service Tax Act, 2017, Article 366(12A) of the Constitution of India

AI-generated summary — verify with the full judgment below

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HC-KAR

CNR: KAHC010534402026 NC: 2026:KHC:44557 WP No. 24267 of 2026

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 24267 OF 2026 (LA-RES) BETWEEN:

B PADMANABHA S/O G.A.BELLIAPPA, AGED ABOUT 58 YEARS, R/O BASAVANAHALLI AND POST, KUSHAL NAGAR TALUK, COORG DISTRICT - 571234 …PETITIONER (BY SRI. NARENDRA GOWDA, ADVOCATE) AND:

1.

THE DEPUTY COMMISSIONER COORG DISTRICT, COORG -571234

2.

THE SPECIAL LAND ACQUISITION OFFICER AND COMPETANT AUTHORITY, NATIONAL HIGHWAY 275 (MYSORE - MADIKERE DIVISION) NO.984, 1ST FLOOR, GEETHA ROAD CHAMARAJPURAM, MYSORE-570005

3.

NATIONAL HIGHWAY AUTHORITY OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT OF INDIA, REGIONAL OFFICE BESIDE NAGASANDRA METRO STATION BANGALORE 560073 REP BY ITS DEPUTY GENERAL MANAGER

4.

PROJECT DIRECTOR NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT BASAVANAPURA (RAMADEVARAPADA) HEMALATHA J Location: HIGH COURT OF KARNATAKA

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Reproduced from the public record of the Karnataka High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.