In re Sakkthi Polymers (GST AAR Tamilnadu)
The application in FORM GST ARA -01 of M/s Sakkthi Polymers, vide reference online ARA application dated 09/07/2020, is disposed of, as being withdrawn voluntarily and unconditionally.
FULL TEXT OF THE ORDER OF AUTHORITY FOR ADVANCE RULING, TAMILNADU
Note: Any appeal against the Advance Ruling order shall be filed before the Tamil Nadu State Appellate Authority for Advance Ruling, Chennai under Sub-section (1) of Section 100 of CGST ACT/TNGST Act 2017 within 30 days from the date on which the ruling sought to be appealed against is communicated.
At the outset, we would like to make it clear that the provisions of both the Central Goods and Service Tax Act and the Tamil Nadu Goods and Service Tax Act are the same except for certain provisions. Therefore, unless a mention is specifically made to such dissimilar provisions, a reference to the Central Goods and Service Tax Act would also mean a reference to the same provisions under the Tamil Nadu Goods and Service Tax Act.
The present application has been filed under Section 97 of the Central Goods and Services tax Act, 2017 and Tamil Nadu Goods 86 Services Act, 2017 (hereinafter referred to as ” the CGST Act and TNGST Act”) by M/s SAKKTHI POLYMERS, the applicant seeking an advance ruling in respect of the following questions.
1. Whether the transfer of raw materials, semi-finished goods and finished goods from the applicant to the transferee and such transaction would constitute a “Supply” under Section 7(1) (d) of the CGST Act, 2017 (hereinafter referred to as “Act”) read with Sl.No.4( c )(i) of the Schedule II of the said Act or not?
2. Whether the applicant is eligible for exemption as per Sl.No.2 of the Notification 12/2017 Central tax (Rate) dated 28.06.2017 and as per Sl.No.2 of Notification annexed to the G.O.Ms(No.) 73 dated 29.06.2017 issued by Tamil Nadu SGST authorities or not on account of transfer of business from them to transferee as a going concern in terms of business transfer agreement?
3. Whether the applicant is eligible to transfer the input Tax Credit (ITC) available in their Electronic Credit Ledger to the Electronic Credit Ledger of the Transferee or Not?
2. The applicant filed online application and the Registry requested vide notice dated 04.04.2022 for furnishing of hard copy of their application in four sets. The Authorised Signatory, Shri.P.Mohan, Managing Partner of the applicant firm, vide letter dated 27.05.2022, communicated through e-mail requested to drop their application filed online on 09.07.2020.
3. The request of the applicant to withdraw their application voluntarily and unconditionally is hereby allowed without going into the merits or detailed facts of the case.
ORDER
The application in FORM GST ARA -01 of M/s Sakkthi Polymers, vide reference online ARA application dated 09/07/2020, is disposed of, as being withdrawn voluntarily and unconditionally.
