Sch 3A para 9
(1) For the purposes of this Schedule a supply of goods is a relevant supply where— (a) the supply is a taxable supply; (b) the goods are assets of the business in the course or furtherance of which they are supplied; and (c) the person by whom they are supplied, or a predecessor of his, has received or claimed, or is intending to claim, a repayment of VAT on the supply to him, or the importation by him, of the goods or of anything comprised in them. (2) In relation to any goods, a person is the predecessor of another for the purposes of this paragraph if— (a) that other person is a person to whom he has transferred assets of his business by a transfer of that business, or part of it, as a going concern; (b) those assets consisted of or included those goods; and (c) the transfer of the assets is one falling by virtue of an order under section 5(3) (or under an enactment re-enacted in section 5(3)) to be treated as neither a supply of goods nor a supply of services; and the reference in this paragraph to a person’s predecessor includes references to the predecessors of his predecessor through any number of transfers. (3) The reference in this paragraph to a repayment of VAT is a reference to such a repayment under a scheme embodied in regulations made under section 39.