Page 136 - GSTL_18th June 2020_Vol 37_Part 3

350 GST LAW TIMES [ Vol. 37
40/2017, 41/2017, dated 23rd October, 2017, 78/2017 & 79/2017-Central Tax
(Rate), 13th October, 2017 has not been received/provided by the appellant and
not followed the provisions of the Circular No. 17/17/2017-GST, dated
15-11-2017.
6. I find that vide Para 41 of Circular No. 125/44/2019-GST, dated
18-11-2019 it is clarified that certain supplies of goods have been notified as
deemed exports vide Notification No. 48/2017-Central Tax, dated 18-10-2017
under Section 147 of the CGST Act. Further, the third proviso to Rule 89(1) of the
CGST Rules, allows either the recipient or the supplier to apply for refund of tax
paid on such deemed export supplies. In case such refund is sought by the sup-
plier of deemed export supplies, the documentary evidences as specified in Noti-
fication No. 49/2017-Central Tax, dated 18-10-2017 are also required to be fur-
nished which includes an undertaking that the recipient of deemed export sup-
plies shall not claim the refund in respect of such supplies and shall not avail any
input tax credit on such supplies. Similarly, in case the refund is filed by the re-
cipient of deemed export supplies, an undertaking shall have to be furnished by
him stating that refund has been claimed only for those invoices which have
been detailed in statement 5B for the tax period for which refund is being
claimed and that he has not availed input tax credit on such invoices. The recipi-
ent shall also be required to declare that the supplier has not claimed refund with
respect to the said supplies. The procedure regarding procurement of supplies of
goods from DTA by Export Oriented Unit (EOU)/Electronic Hardware Technol-
ogy Park (EHTP) Unit/Software Technology Park (STP) Unit/Bio-Technology
Parks (BTP) Unit under deemed export as laid down in Circular No. 14/14/2017-
GST, dated 6-11-2017 needs to be complied with. Thus, the appellant being a
100% EOU was required to follow the procedure laid down in Circular
14/14/2017-GST, dated 6-11-2017 which the appellant failed to do so.
7. I find that M/s. Sigma Electric Manufacturing Corporation Pvt. Ltd.,
having GSTIN No. 08AADCS9493H1ZS amalgamated with parent company i.e.
M/s. Sigma Electric Manufacturing Pvt. Ltd., having GSTIN No.
08AAXCS4352F1ZW by scheme of amalgamation approved by the Company
Law Tribunal Order dated 14-9-2017. As per scheme of amalgamation all statuto-
ry licenses, permission or approvals or consents, permits, quotas, rights, entitle-
ments, licenses, tenancies, all intellectual property right including trademark,
service mark, design, patents, copyrights and domain name (whether registered
or not) privilege and all the benefits of all contracts, agreement and all other
rights including lease rights, licenses, power and liabilities of every kind and de-
scription, whatsoever as per the records of old company shall be deemed to be
transferred and/or vest in New Company. M/s. Sigma Electric Manufacturing
Private Ltd., got registered with effect from 9-10-2017 vide GSTIN No.
08AAXCS4352F1ZW, hence the registration certificate of M/s. Sigma Electric
Manufacturing Corporation Pvt. Ltd., having GSTIN No. 08AADCS9493H1ZS
was required to be cancelled by way of filing REG-16 mentioning reason transfer
of business on account of amalgamation, merger/demerger, sale, lease or other-
wise disposed of etc.,
As per Section 87 of the CGST Act, 2017 -
(1) When two or more companies are amalgamated or merged in pursu-
ance of an order of Court or of Tribunal or otherwise and the order is to
take effect from a date earlier to the date of the order and any two or more
of such companies have supplied or received any goods or services or both
GST LAW TIMES  18th June 2020  136