ITC Liability on Capital Goods on death of Proprietor (GTA)
This query is : Resolved
28 August 2025
Respected Sir,
One of our client GTA was providing services under forward charges @12% & having 5 Lorries which have purchased in May-2022. But Unfortunately, proprietor died in July-25, now we have applied for closure of this business as family don't want to continue.
Sir, my query is that : should we reverse the ITC taken on above lorries by reducing the ITC amount 5% per quarter basis and we have to pay 35% of ITC availed (ITC Availing time 3 years + 1 Quarter = 13 Quarter i.e. 65%)? Or we can avail any exemption in this exceptional case.
Kindly Advise.
Rakesh Sharma
One of our client GTA was providing services under forward charges @12% & having 5 Lorries which have purchased in May-2022. But Unfortunately, proprietor died in July-25, now we have applied for closure of this business as family don't want to continue.
Sir, my query is that : should we reverse the ITC taken on above lorries by reducing the ITC amount 5% per quarter basis and we have to pay 35% of ITC availed (ITC Availing time 3 years + 1 Quarter = 13 Quarter i.e. 65%)? Or we can avail any exemption in this exceptional case.
Kindly Advise.
Rakesh Sharma
07 September 2025
Under GST, when a registration is canceled, ITC on capital goods must be reversed using the formula under Rule 44 of the CGST Rules.
The formula requires reducing the ITC amount by 5% for every quarter or part thereof from the date of purchase.
Yes, you must pay back 65% of the availed ITC, and can retain 35% at closure.
The formula requires reducing the ITC amount by 5% for every quarter or part thereof from the date of purchase.
Yes, you must pay back 65% of the availed ITC, and can retain 35% at closure.
21 September 2025
Good luck....
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Selecting Tax Regime while for calculating tax relief on under Section89 of income tax act 1961.
- Cloud service
- Relief Calculation u/s 89 of ITax 1961 in TableA Form10E
- Accounting Policies changes
- SECTION 194T
- B2B Amendment
- Running non ac bus under contract with roadways
- GST ITC on Liquidated damages
- Sale of Gold ornaments
- Applicability of RCM on Frieght Inward supplies received from un-registered person
- Forgot to update debit note in gst
- Restoration of certificate of practice
- Regarding change in correspondence address in SSP portal
- Regarding Advance Tax not claimed in the Return of Income for A.Y. 2025-26
- No Compliences after incorporation
- USEFUL LIFE OF USED/SECOND HAND COMMERCIAL VEHICLES
- Claiming TDS deducted by builder on Hardship compensation and Corpus
- Address Change to another state of a Registered Trust with 12AB approval
- Updated return in budget 2026
- Clarification Required on GST Rate & HSN Classification – Millet-Based Probiotic Drink
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
CAclubindia
