TMI Blog2020 (7) TMI 141X X X X Extracts X X X X X X X X Extracts X X X X ..... ate debtor. Once an insolvency professional takes registration as the authorized person of the corporate debtor, it remains in effect with suitable amendment in the certificate of registration if the status or person of the authorized person gets changed. Supply or not - supply of goods or services - sale done by the liquidator of the assets of the applicant - rate of GST - HELD THAT:- The sale of the assets of the applicant by NCLT appointed liquidator is a supply of goods by the liquidator, who is required to take registration under section 24 of the GST Act. - Case Number 02 of 2020 Order Number 02/WBAAR/2020-21 - - - Dated:- 29-6-2020 - MS SUSMITA BHATTACHARYA, AND MR PARTHASARATHI DEY, MEMBER Applicant s representative hear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wants to know whether any sale done by the liquidator of the assets of the applicant results in a supply of goods and/or services or both within the meaning of supply as defined under section 7 of the GST Act. If the answer is affirmative, then what will be the rate of GST. The applicant also wants to know whether the liquidator needs to get registered under the GST Act. 1.2 The questions are admissible under section 97(2) (f) (g) of the GST Act. The applicant states that the questions raised in the application have neither been decided nor are pending before any authority under any provision of the GST Act. The application is, therefore, admitted. 1.3 The applicant submits that its business has been closed for ten years. It had be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tor is not a going concern, the liquidator is required to sell its assets under clauses (a) to (d) of Regulation 32 of the Insolvency and Bankruptcy Board of India (liquidation process) Regulations. The sale of the applicant s assets like the plant and machinery, office equipment furniture is, therefore, a supply of goods by the liquidator. She is required to take registration under section 24 of the GST Act. 3.3 NCLT appoints the resolution professional (hereinafter RP), as defined under section 3 (27) of IBC, as the liquidator subject to her consent. If she is already registered as a distinct person of the corporate debtor in terms of Notification No. 11/2020 Central Tax dated 21/03/2020, she should continue to remain registere ..... X X X X Extracts X X X X X X X X Extracts X X X X
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