Change in constitution of business

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This query is : Resolved

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When changing your business constitution, you might cancel your old GSTIN and get a new one. If you had stock on the cancellation date, you need to account for the input tax. The law requires filing GSTR 10 within three months of cancellation to pay tax on stock, with potential late fees and interest if not managed correctly.

Faris Jalali

Faris Jalali (Querist)

22 February 2020 we had cancelled out gstin due to change in constitution of business and issued a new gstin for the new pan, we were holding stock on the day of cancellation of old gstin, we dont want to reverse the tax help but to give that tax credit to the new gstin, do i need to bill the new gstin and nill my stock for gstr 10 and if so, what would be late fees and penaly as the old gstin was cancelled on 1st july 2018. can i bill it now in back date, please advice

CA Anita Bhadra

CA Anita Bhadra (Expert)

23 February 2020 It is mandatory to pay the input tax contained in stock by filing GSTR 10 within 3 months of the date of cancellation.

Lat fee is Rs 200/ per day and interes for excess ITC claimed ( not reversed ) is 24%

CA Anita Bhadra

CA Anita Bhadra (Expert)

23 February 2020 Billing in backdate is not advisable.

Faris Jalali

Faris Jalali (Querist)

24 February 2020 i have stock held for the old gstin and would like to give the tax credit to the new gstin and show nil stock in gstr 10, old gstin was cancelled in july 2018

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