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TMI Blog2022 (4) TMI 1336X X X X Extracts X X X X X X X X Extracts X X X X ..... pansion of its plant. Hence, the existing unit of the JKPL CPM is registered under CGST Act vide registration no. 24AAACT6305N1ZA and for the Expansion project, JKPL CPM has obtained another GST registration no. 24AAACT6305N2Z9 (hereinafter referred to as 'JK-New Unit'), who is the applicant in the present case. 3. JK-New Unit submitted that for Expansion of the manufacturing facility, they procured plant and machinery as well as goods and services on payment of GST. Further, submitted it availed only eligible input tax credit (ITC) of the GST paid on such procurements and ITC of construction related work was not availed. 4. JK-New Unit submitted that later on in 2020, GoG introduced New Gujarat Industrial Policy, 2020 vide Resolution No: MIS-102020-327024-I dated 01.09.2020, introducing a scheme for giving incentives in the form of Capital Subsidy to new capital investments in the State for the manufacturing sector and that it is eligible to avail this scheme. 5. JK-New Unit submitted that as per the said new Industrial Policy, there is no requirement of obtaining separate registration for the Expansion Project. It cannot avail benefit of both schemes viz. State Incentive Schem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... balance of ITC available in electronic credit ledger to electronic credit ledger of GSTIN of existing unit in accordance with the provisions of GST law. It submitted that following requirements must get fulfilled for transferring unutilized ITC lying in electronic credit ledger of transferor to the electronic credit ledger of the transferee: (i) ITC should be available in the electronic credit ledger of transferor, as on effective date of merger/ acquisition/ amalgamation/ lease/ transfer. - Yes, at the time of transfer of all business assets and liabilities from GSTIN of New Unit to GSTIN of the existing unit; ITC balance will be available in the electronic credit ledger. (ii) Both, transferor and transferee should be registered under the GST. - Yes, both are registered under GST law. (iii) All returns for the past periods have been filed by transferor. There should be no pending. - All relevant GST returns are duly filed by both GSTIN. (iv) The transferor shall also submit a copy of a certificate issued by a practicing CA or cost accountant certifying that the sale, merger, transfer of business has been done with a specific provision for the transfer of liabilities. - Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all business assets and liabilities and on account of filing of Form ITC-02 for transferring ITC from its GSTIN to GSTIN of existing unit? Personal Hearing 14. Virtual hearing granted on 22-3-22 was attended by Shri Rajesh Ghai, Taxation Head of JK Paper Ltd. and Shri Rashmin Vaja, CA and they reiterated the submission. Revenue's submission 15. Central Revenue submitted as follows: The activity of Merger is a proposed activity and the Comments on 2 questions asked in Para 14 of the advance ruling application of M/s JK Paper Limited is submitted as follows: "Section 18(3) of CGST Act,2017 and Rule 41 of the CGST Rules 2017 deal with the situation of Transfer of Credit on Sale, Merger, Amalgamation, Lease or Transfer of a Business which reads as: Section 18(3) of the CGST Act, 2017 : Where there is a change in the constitution of a registered person on account of sale, merger, demerger, amalgamation, lease or transfer of the business with the specific provisions for transfer of liabilities, the said registered person shall be allowed to transfer the input tax credit which remains unutilised in his electronic credit ledger to such sold, merged, demerged, amalgamated, leased ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... We hold that the applicability of a Notification issued under the provisions of this Act shall be a question on which advance ruling is sought on matters relating to supply of goods or services or both. We hold that Notification referred to in Section 97(2)(b) are Notifications issued by the Government in relation to supply of goods/ services or both; such as: i. Notifications issued for effective Rate of Tax and applicability of GST on specified goods/services- for example Notifications No. 1/2017-CT (Rate), 11/2017-CT (Rate), 13/2017-CT (Rate); ii. Notifications issued for exemption of GST on supply of goods/ services- for example Notifications No. 2/2017-CT (Rate), 12/2017-CT (Rate); 18. The Gujarat Authority for Advance Ruling is a creature of the statute and is bound to pass Rulings within the confines of the statute. We find it improper and contrary to the statutory provisions of GST Act to replace the word 'Notification' in said section 97(2)(b) with the word ' CGST Rules' as submitted by Shri Vaja. We refer to the case law of JSW Energy vs UoI- 2019 (27) GSTL 198 (Bom.) wherein H'ble High Court at Mumbai held that High Court cannot go into merits of decision given by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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