TaxTMI 
TaxTMI 
2025 (3) TMI 237
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....2017, within a period of thirty days from the date of communication of this Ruling, or within such further time as mentioned in the proviso to Section 100 (2) of the GST Act. Every such appeal shall be filed in accordance with Section 100 (3) of the GST Act and the Rules prescribed there under, and the Regulations prescribed by the West Bengal Authority for Advance Ruling Regulations, 2018. 1.1 At the outset, we would like to make it clear that the provisions of the Central Goods and Services Tax Act, 2017 (the CGST Act, for short) and the West Bengal Goods and Services Tax Act, 2017 (the WBGST Act, for short) have the same provisions in like matter except for certain provisions. Therefore, unless a mention is specifically made to such di....
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....d for a company which in Liquidation? 3. Is the Liquidator required to collect GST at applicable rates on sale of assets of the company Maheshwary Ispat Limited which is in liquidation? If the answer is in affirmative, how to discharge the GST obligation, file GST return and pass on the GST Input Tax Credit when GST registration of the Company in Liquidation is not allowed to be proceeded further on the GST Portal? 1.4 As per sub-section (2) of section 97 of the GST Act, the question on which the advance ruling is sought under this Act, shall be in respect of, - (a) classification of any goods or services or both; (b) applicability of a notification issued under the provisions of this Act; (c) determination of time and value of supp....
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....4 and 439 of the Companies Act, 1956. The Hon'ble High Court admitted the said petition on 12.10.2012 directing commencement of the winding up proceedings and subsequently, vide order date 21.06.16 read with order dated 28.11.16, the Company was directed to be wound up. Accordingly, the Ld. Official Liquidator (OL) was directed to take over the possession of the Company. B. That by order dated 17.05.22 the Hon'ble High Court of Calcutta transferred the winding up proceedings to Hon'ble NCLT, Kolkata. Thereafter, pursuant to an application (vide IA No. 103/KB/2023) by one of the Secured Creditor namely the State Bank of India (SBI), in terms of the provisions of the Insolvency and Bankruptcy Code, 2016, Mr. Santanu Brahma (IBBI....
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....the corporate insolvency resolution process under the Insolvency and Bankruptcy Code, 2016.And a Notification no. 439-F.Tdated 03-April 2020, (Corresponding to Central Notification No. 11/2020-Central Tax) was issued under West Bengal Goods and Service Tax Act, 2017 (WBGST) I. That the said notifications notify, that those registered persons(hereinafter referred to as the erstwhile registered person), who are corporate debtors under the provisions of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), undergoing the corporate insolvency resolution process and the management of whose affairs are being undertaken by interim resolution professionals (IRP) or resolution professionals (RP), as the class of persons who shall follow the follo....
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....ntation, Minimum 2 Promoters & Partners is required for the below mentioned Constitution of Business: Foreign Company Foreign Limited Liability Partnership Limited Liability Partnership Private Limited Company Public Limited Company Public Sector Undertaking Society/Club/Trust/Association of Persons Unlimited Company. Therefore we request you to kindly add at least 2 Partners/Promoter by filing core amendment then save and then submit the application. If you face any other issues kindly raise another tickets with proper screenshots. Thanks Team GST" M. That the GST Registration guidelines at https://tutorial.gat.gov.in/userguide/registration/Apply_for_Registration_Normal_Taxpayer.htm specified "Minimum 2 Promoters and Partners need to be ....
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....ernment, has notified those registered persons, who are corporate debtors under the provisions of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), undergoing the corporate insolvency resolution process and the management of whose affairs are being undertaken by interim resolution professionals (IRP) or resolution professionals (RP), as the class of persons who shall follow special procedure as prescribed therein, from the date of the appointment of the IRP/RP till the period they undergo the corporate insolvency resolution process. It has also been stipulated that the said class of persons shall, with effect from the date of appointment of IRP / RP, be treated as a distinct person of the corporate debtor, and shall be liable to take a....