Page 185 - GSTL_23rd April 2020_Vol 35_Part 4

2020 ] IN RE : RAJEEV BANSAL & SUDERSHAN MITTAL 511
Vikas Ranipur More, Hardwar, Uttarakhand seeking an advance ruling on
whether “Business Transfer Agreement” as a going concern which consists of
transferring under construction project is covered under Serial No. 12 of the No-
tification No. 12/2017-Central Tax (Rate), dated 28-6-2017 (hereinafter referred to
as “said notification”) and thus exempted from the applicability of GST.
2. Advance Ruling under GST means a decision provided by the au-
thority or the appellate authority to an applicant on matters or on questions spec-
ified in sub-section (2) of Section 97 or sub-section (1) of Section 100 in relation to
the supply of goods or services or both being undertaken or proposed to be un-
dertaken by the applicant.
3. As per the said sub-section (2) of Section 97 of the Act advance ruling
can be sought by an applicant in respect of :
(a) Classification of any goods or services or both
(b) Applicability of a notification issued under the provisions of this
Act,
(c) Determination of time and value of supply of goods or services or
both,
(d) Admissibility of input tax credit of tax paid or deemed to have been
paid
(e) Determination of the liability to pay tax on any goods or services or
both
(f) Whether the applicant is required to be registered
(g) Whether any particular thing done by the applicant with respect to
any goods or services or both amounts to or results in a supply of
goods or services or both within the meaning of that term
4. In the present case applicant has sought advance ruling on applica-
bility of exemption Notification No. 12/2017-Central Tax (Rate), dated 28-6-2017
on “Business Transfer Agreement” as a going concern which consists of transfer-
ring under-construction project. Therefore, in terms of said Section 97(2)(b) of
Act, the present application is hereby admitted.
5. Accordingly opportunity of personal hearing was granted to the ap-
plicant on 19-12-2019. Shri Himanshu Sharma (CA) and Amrit Aswal (CA), on
behalf of the applicant appeared for personal hearing on the said date and sub-
mitted that the written submissions to be taken on record.
6. From the record we find that applicant is registered in Uttarakhand
with GSTIN Bearing No. 05AARFR4816L2ZO. The submissions of the applicant
are summarized as under :
(i) That the applicant is a partnership firm engaged in the business of
constructing residential/commercial complexes.
(ii) That the firm was formed for constructing and selling a residen-
tial/commercial building at village- Manoharpur, Jwalapur, Hard-
war.
(iii) That the applicant got the map approved from the competent au-
thority.

GST LAW TIMES  23rd April 2020  305