a. Whether the transaction of transfer/sale of one of the independent running business divisions of the Applicant, namely, "business of providing / supplying of engineering services primarily relating to semi-conductor services" as a whole, along with all the assets and liabilities of the independent business division on a going concern basis, in terms of business transfer agreement dated 27.06.2022, entered into by the Applicant with M/s. Tessolve Semiconductor Private Limited, located at No.31/2, Phase-II, Electronic City, Bengaluru-560100, constitutes a transaction of "supply" under Section 7 of the CGST/SGST Acts?
b. If, the answer to the above question / point is in affirmative, whether the transaction constitutes supply of taxable goods or taxable services or both? And would be the time of supply, value of supply and rate of tax applicable to such supply?
c. If, the answer to the First and Second questions are in affirmative, whether the recipient i.e., the purchaser/transferee of the business as a whole is entitle to claim the credit of the "input tax" paid on the said transaction?
d. Whether the GST rate mentioned in Sl.No.2 of the Notification No.12/2017-Central Tax (Rate), dated 28th June, 2017 is applicable to the applicant?
States/UT
Order No. & Date
KAR ADRG 12/2023 dt. 20.03.2023
Order date
20-03-23
Category
97(2)(b),(c ),(e ) and (g)
Year