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Microlesson · 5-min read

Long-Term Lease of Industrial Plots – Entry 41

# Long-Term Lease of Industrial / Financial Plots – Entry 41

## What is Exempt?

Upfront amount (called premium, salami, cost, price, development charges, etc.) payable for grant of a long-term lease of 30 years or more of:

  • Industrial plots; OR
  • Plots for development of infrastructure for financial business

Provided by:

  • State Government Industrial Development Corporations / Undertakings; OR
  • Any other entity having ≥ 20% ownership of CG / SG / UT (direct or through a wholly-owned entity of CG/SG/UT)

To industrial units / developers in any industrial or financial business area.

## Mode of Payment of Upfront Amount

Exemption is available whether upfront is paid in one lump sum or in instalments, provided the amount is determined upfront at the time of lease.

## Preferential Location Charges (PLC) / Location Charges

Location charges or PLC collected along with the lease premium for the long-term lease are treated as part of lease consideration → also EXEMPT under Entry 41.

## Conditions to Sustain the Exemption

1. Leased plots must be used only for the allotted industrial/financial activity in the industrial or financial business area.

2. Concerned State Government is to monitor and enforce compliance.

3. On violation or subsequent change of land use:

  • Original lessor, lessee and any subsequent lessee/buyer/owner are jointly and severally liable to pay central tax on the upfront lease amount, with interest and penalty.

4. Lease/sale agreements (original AND subsequent) must contain a clause stating:

  • Exemption was granted subject to these conditions, AND
  • All parties undertake to comply.

## Quick Test

QuestionResult
Lease tenure ≥ 30 years?
Lessor = SGIDC or entity with ≥ 20% CG/SG/UT ownership?
Lessee = industrial unit / developer in industrial/financial area?
Upfront amount determined at grant of lease?

→ EXEMPT under Entry 41 (including PLC).

Worked example

### Example 1

Example: Karnataka Industrial Areas Development Board grants a 60-year lease of an industrial plot in Peenya Industrial Area to ABC Ltd. for an upfront premium of Rs.10 crore + PLC of Rs.40 lakh, payable in 5 annual instalments. → Entire Rs.10.4 crore (premium + PLC, all upfront-determined) is EXEMPT under Entry 41.

### Example 2

Example (violation): ABC Ltd. later converts the plot into a residential project. → Original KIADB, ABC Ltd., and any subsequent buyer become jointly and severally liable to pay GST on Rs.10.4 crore with interest and penalty.

⚠️ Common exam mistakes

  • Granting exemption for lease of less than 30 years.
  • Treating PLC as a separate taxable service – it is part of consideration and exempt.
  • Overlooking the 20%-CG/SG/UT-ownership test for non-SGIDC lessors.
  • Forgetting joint and several liability on change of land use – not just the original lessor.
Reference: Entry 41 — Notification No. 12/2017-CT(R)
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