Levy of GST— In the instant case, the applicant has filed an application seeking advance ruling on :-

GST liability on the purchase of Biomass Power Plant (8 MW Capacity) by way of transfer of going concern through e-auction vide serial no.2 of the Notification No.12/2017-Central Tax (Rate) dated 28/06/2017.

In the instant case, the applicant is acquiring biomass power plant of 8 MW capacity situated at Sirgitti Industrial Area, Bilaspur of M/s Vandana Vidyut Limited. Applicant has emerged as successful H1 bidder for the above plant through e-auction conducted on 24.02.2020 by the liquidator appointed by Hon'ble NCLT under Insolvency and Bankruptcy Code '2016.

Applicant appears to have misconstrued the sale of Biomass power plant by way of sale as a going concern as supply of services whereas the same is supply of goods by way of transfer as a going concern, and have thus wrongly claimed eligibility towards exemption from GST under serial no.2 of Notification no. 12/2017-Central Tax (Rate) dated 28.6.2017. Thus on the basis of documents furnished by the applicant, we come io the considered conclusion that the instant transaction by the applicant is not eligible to the benefit of Notification No. 12/2017-Central Tax (Rate) New Delhi, the 28th June, 2017 supply of goods, attracting GST at the applicable rate.

Held that— Exemption provided under serial no.2 of the Notification No.12/2017-Central Tax (Rate) dated 28.06.2017 is not applicable to the said intrastate supply of Biomass Power Plant (8 MW Capacity) as a going concern. GST at the applicable rate is leviable on the said supply.