Page 188 - GSTL_23rd April 2020_Vol 35_Part 4

514 GST LAW TIMES [ Vol. 35
(e) There must not be a series of immediately consecutive transfers.
7.6 From the record we find that the applicant is carrying on the busi-
ness of constructing residential/commercial complexes and selling thereof and
the applicant firm come into existence particularly for the said project. Further on
perusal of the sale deed dated 24-10-2019, we find that the applicant has sold the
under-construction building, as a whole, situated at village-Manoharpur, Parga-
na-Jwalapur, District-Hardwar with its all assets and transfer the rights of the
same to the buyer including the approved man from the competent authority.
The buyer has purchased the under-construction building/business to carry on
the same kind of business as the purchaser themselves engaged in constructing
residential/commercial complexes and selling thereof. Further as on date we
find that there is no series of immediately consecutive transfers of the said busi-
ness.
7.7 In view of the above we thus observe that the applicant has transfer
the business as a going concern to M/s. Ronav Infrastructure and it may [be]
treated as supply of services and as per Serial No. 2 of the Notification No.
12/2017-Central Tax (Rate), dated 28-6-2017 (as amended from time to time), the
same is exempted from levy of GST as on date.
Ruling
8. In view of the above discussion we hold that transfer of Business in
question shall be treated as a going concern and is exempted from GST as on
date in terms of Serial No. 2 of Notification No. 12/2017-Central Tax (Rate), dat-
ed 28-6-2017 (as amended from time to time).

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2020 (35) G.S.T.L. 514 (A.A.R. - GST - UK)

BEFORE THE AUTHORITY FOR ADVANCE RULING UNDER GST,
UTTARAKHAND

S/Shri Vipin Chandra and Amit Gupta, Members
IN RE : KULDEEP SINGH BUTOLA
Ruling No. 07/2019-20, dated 6-1-2020
Mineral - Right to use minerals including its exploration and evalua-
tion - Service in question falls under residual Entry 17(viii) of Notification No.
11/2017-C.T. (Rate) as already decided in appellant’s own case - Rate of GST
applicable during the period 1-7-2017 to 31-12-2018 on the said service is the
same rate of Central Tax as on supply of like goods involving transfer of title
in goods i.e. @ 5%. [paras 9, 11]
Ruling in favour of department

CASE CITED
Kuldeep Singh Butola — 2020 (33) G.S.T.L. 78 (A.A.R. - GST) — Relied on ................................ [Paras 7, 9]
REPRESENTED BY : S/Shri Himanshu Sharma and Amrit Ashwal, CAs,
for the Assessee.
None, for the Department.

GST LAW TIMES  23rd April 2020  308