TMI Blog2020 (10) TMI 891X X X X Extracts X X X X X X X X Extracts X X X X ..... of regular conduct of business, such as sale or it should have the effect of furtherance of the business. Therefore, the activity to be called as supply should be such that undertaking that activity shall amount to conduct of business or enhancing 'the business. The transfer of a going concern, either as a whole or an independent part thereof, for a lump sum consideration does not constitute an activity taking place in the course of business or furtherance of business. If transfer of going concern is considered as a part of business then it is a supply. To determine this, Section 7 (1A) provides that where certain activities or transactions constitute a supply in accordance with the provisions of sub section (1), they shall be treate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... usiness of the Company is in the state of Rajasthan, situated at Plot No.2, Jagdish Marg, Bani Park, Jaipur. The Dealer has recently opened a new Branch at Faujadar Complex 2, Kachhari Road Ward No.20, Bayana, Bharatpur (Rajasthan). To set up the infrastructure at that branch, dealer has transferred certain fixed assets namely old computer system, tube lights, fans etc., from its Bagru branch to Bayana branch on 21.02.2019 though vehicle No. RJ 34 4A 02000. 2.2 On 18.02.2019 at 07.00 PM at Bagru, the Joint Commissioner, Central Goods Service Tax Division-F, Sector-10, Vidhyadhar Nagar, Jaipur had intercepted in movement the appellant's conveyance bearing Regn. No. R3 34 4A 0200. The statement of the Driver/person in-charge was also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the transfer of Fixed Assets as stock transfer and imposing the tax and penalty on account of non-availability of E-way Bill. The transfer was merely the shifting of fixed assets from one branch to another for which there is no requirement of E-way Bill. -that under the Act, it is mentioned that no E-way Bill is required to be generated for the transfer of Fixed Assets. - that under the facts and circumstances of the case the adjudicating authority has treated the movement as supply under GST. Whereas, in the aforesaid case of dealer, it is merely the shifting of old used fixed assets from one branch to another branch having same GSTIN within a state and there is no implication of tax on said movement as per Section 7 of the CGST ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 78114. Whereas our delivery challan has a series No.2120 which is different from the above series. that the adjudicating authority has applied Section 129 (1) and imposed a penalty equal to the amount of 100% of tax payable on such goods. But in dealer's case, the movement of the goods is not a supply as per ground-1. So it is not subject to tax and then, the applicability of penalty is not possible. that the adjudicating authority has imposed penalty on transfer of used capital goods from one branch to other branch on the mere ground of non-availability of E-way Bill. Whereas, the adjudicating authority has totally ignored the delivery challan and bilty available with the vehicle. The dealer is in the impression that in case o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r/person-in-charge of the goods were carrying the goods without E-way Bill. The appellant in their defence has stated that he is engaged in whole sale business of home needs, groceries, foods and beverage, etc., The Principe place of business of the Company is in the state of Rajasthan, situated at Plot No.2, Jagdish Marg, Bani Park, Jaipur. The Dealer has recently opened a new Branch at Faujadar Complex 2, Kachhari Road Ward No.20, Bayana, Bharatpur (Rajasthan). To set up the infrastructure at that branch, dealer has transferred certain fixed assets namely old computer system, tube lights, fans etc., from its Bagru branch to Bayana branch on 21.02.2019 though vehicle No.RJ 34 4A 02000. In the above context, it is observed that Section 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all be treated either as supply of goods or supply of services as referred to in Schedule-II. In schedule II, the entry at Serial Number 4 refer to 'transfer of business assets'. Transfer of business assets is considered as supply of goods. Whereas, as per Section 68 of the CGST Act, read with Rule 138A of the Central Goods and Service Tax Rules, 2017 requires that the person-in-charge of a conveyance carrying any consignment of goods of value exceeding ₹ 50,000/- should carry a copy of documents viz., Invoice/Bill of Supply/Delivery Challan/Bill of Entry and a valid E-way Bill in physical or electronic form for verification. In case such person does not carry the mentioned documents, there is no doubt that a contraventi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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