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TMI Blog2019 (1) TMI 486X X X X Extracts X X X X X X X X Extracts X X X X ..... (50/2018 - CT dated 13/09/2018 under the CGST Act, 2017), which are hereinafter collectively referred to as "the Notification". Advance Ruling is admissible on this question under Section 97(2) (b) of the CGST / WBGST Act, 2017 (hereinafter referred to as "the GST Act"). The Applicant further submits that the question raised in the Application is neither decided by nor pending for decision before any authority under any provisions of the GST Act. The officer concerned raises no objection. The Application is, therefore, admitted. 2. Section 51(1) of the GST Act empowers the Government to mandate (a) a department or establishment of the Central Government or State Government; or (b) local authority; or (c) Governmental agencies; or (d) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cant. The rest is held by the public. The Applicant is a 'deemed Government Company' for the limited purpose of audit by the C&AG. However, he is not a "Government Company", as defined under section 2(45) of the Companies Act, 2013, as neither the Central Government nor the State Government subscribes to the paid up share capital of the Applicant. He is not a subsidiary of any "Government Company" either, as no "Government Company" separately holds more than 51% of the share capital, or exercises control by having majority in the composition of the Board of Directors. Moreover, the Registrar of Companies, Kolkata, has incorporated the Applicant as a non-Government company. The Applicant cannot be termed a "Public Sector Undertaking", where ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 03/1988 after reconstitution of the erstwhile West Bengal Filaments and Lamp Ltd. From the available materials it appears that neither the Central Government nor the State Government has any direct equity participation. But the "Government Companies", as defined under section 2(45) of the Companies Act, 2013, together hold 62.29% of the paid up share capital and majority of the directors in the Board. WBIDC alone holds 49.46% of the shares, and enjoys four votes (including the casting vote of the Chairman) in a nine member Board. The Central and the State Governments, therefore, acting through the government companies, are in a position to indirectly control the management or policy decisions of the Applicant. The Central and the State Gove ..... X X X X Extracts X X X X X X X X Extracts X X X X
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