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If Liquidator appointed by NCLT is already Registered as a distinct person it should continue to remain Registered till Liability Ceases

The WEST BENGAL AUTHORITY FOR ADVANCE RULING GOODS AND SERVICES TAX, in the matter of M/s Mansi Oils and Grains Pvt Ltd, the applicant wanted to know 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 GST Act. The applicant also wanted to know whether the liquidator needs to get registered under the GST Act. 

The West Bengal Authority of Advance Ruling (AAR) ruled that the sale of the assets of the applicant by an NCLT appointed liquidator is a supply of goods by the liquidator, who is required to take registration under section 24 of the GST Act. If she is already registered as a distinct person of the corporate debtor in terms of Notification No. 11/2020 – Central Tax dated March 21, 2020, she should continue to remain registered till her liability ceases under section 29 (1) (c) of the GST Act.

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