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Transfer of ‘Going Concern Service’ held as Supply under SGST act.

Legal Correspondent: Sonam Awasthy



04 October 2021: Recently the transfer of business from Airport Authority of India to Adani Ahmedabad international airport was held as Supply by Gujrat Authority of Advance Ruling (AAR) under section 7 even if it is exempted under exemption notification. The applicant M/S Airport Authority of India sought to the Gujarat authority of advance ruling that AAI is created under the AAI act 1994 which was established to provide better administration and cohesive management to constitution and to manage the airports civil enclaves, aeronautical common station and also to provide air traffic and transport service at any airport. The applicant also said that if the transfer of business by AAI to Adani airport is considered as supply of service under section 7 of CGST and GSGST of 2017 and whether the transfer of business to Adani is supply of service to going concern which exempted under entry no. 2 of the exemption under notification no.12/2017. So, under the coram of Arun Saxena and Arun Richard held that supply of transfer of going concern service is supply under section 7 of CGST. The subject supply is transfer of going concern service schedule under II (4) CGST refers to activities or transactions relating to transfer of business assets to treat as supply of goods and supply of services. Therefore, in the present case there arises no examine under schedule 11(4) of CGST act.

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