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The sale of the assets of the applicant by NCLT appointed liquidator is a supply of goods by the liquidator, who is required to take registration under section 24 of the GST Act.

Authority for Advance Ruling — Taxability on sale done by the liquidator of the assets – The applicant submitted that its business has been closed for ten years. It had been registered under the West Bengal VAT Act and provided provisional registration under the GST Act for migration but did not migrate to the GST Act. The National Company Law Tribunal, Kolkata Bench, passed an order on 19/07/2019, declaring the applicant a corporate debtor under the provisions of the Insolvency and Bankruptcy Code, 2016 and appointed a liquidator. The applicant sought an advance ruling as to whether any sale done by the liquidator of the assets of the applicant results in a supply of goods and/or services or both within the meaning of supply as defined under section 7 of the Act. If the answer is affirmative, then what will be the rate of GST. The applicant also wants to know whether the liquidator needs to get registered under the Act.
Held that:- The Hon’ble Authority for Advance Ruling held the sale of the assets of the applicant by NCLT appointed liquidator is a supply of goods by the liquidator, who is required to take registration under section 24 of the Act. If liquidator is already registered as a distinct person of the corporate debtor in terms of Notification No. 11/2020 – CT dated 21/03/2020, then should continue to remain registered till liability ceases under section 29 (1) (c) of the Act.— Mansi Oils And Grains Pvt. Ltd., In Re… [2020] 25 TAXLOK.COM 078 (AAR-WB)