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TMI Blog2020 (7) TMI 141X X X X Extracts X X X X X X X X Extracts X X X X ..... Ruling, constituted under Section 99 of the West Bengal Goods and Services Act, 2017, within a period of thirty days from the date of communication of this Ruling, or within such further time as mentioned in the proviso to Section 100 (2) of the GST Act. Every such Appeal shall be filed in accordance with Section 100 (3) of the GST Act and the Rules prescribed thereunder, and the Regulations prescribed by the West Bengal Authority for Advance Ruling Regulations, 2018. This order is passed in terms of Notification No. 35/2020 - Central Tax dated 03/04/2020, extending up to 30/06/2020 the time limit for completion or compliance of any action by any authority or by any person under the GST Act where the due date for such completion or compli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the GST Act is, therefore, dispensed with. 2. Submissions of the Applicant 2.1The applicant submits that NCLT has appointed Smt. Rachna Jhunjhunwala as liquidator, having IP Registration No IBBI/IPA-001/IP-P00389/2017-18/10707. After her appointment as liquidator all powers of directors in decision making are vested in Ms. Jhunjhunwala under section 34 (2) of IBC. 2.2 The plant and machinery, office equipment and furniture of the applicant were auctioned as per regulation laid down under section 32 (c) of the IBC at the price Rs. 2.82 cr. 3. Observations and findings of the Bench 3.1 Sl No 4 (a) of Schedule II of the GST Act says, where goods forming part of the assets of a business are transferred or disposed of by or under the dire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nged (refer to Circular No.138/08/2020 - GST dated 06/05/2020). 3.4 According to the applicant, the goods sold are plant and machineries, office equipment and furniture. They are broad categories classifiable under different HSN and taxable under appropriate Sl Nos of the Schedules under Notification No. 1/2017 - CT (Rate) dated 28/06/2017. Based on the above discussion, we rule as under, RULING 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. 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 re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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