Since you already have a gasket, assuming it fits, why not use it?
The fact that, without one, you had an oil leak severe enough to fail an MOT (which I would have thought would have to be VERY severe to cause a safety issue, say by reaching the brakes, but perhaps one shouldnt try and rationalise the MOT) suggests it probably needs one.
Some sump arrangements specify both RTV and a gasket (mine requires beads of RTV in specific areas, presumably where the gap is likely to be bigger). A workshop manual should tell you whether you need both, and where to put the RTV if you do.
Failing that, a very thin coating should suffice, and will help to hold the gasket in place during assembly.
Edited by edlithgow on 04/07/2022 at 02:08
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