GST Compliance after Death of Proprietor

Others 364 views 3 replies

saurabh sawlani

Self employed

2193 Points Posted on 26 March 2022

Dear colleagues
gud evng
ek proprietorship gst registerd client hai(registerd in composition schemes)... proprietor ki death April 21 me ho chuki hai...
1). March 21 tak books me approx 35 lac stock hai... uska treatment kya hoga ??
unki daughter ko stock transfer Kiya jaa sakta hai yaa hume tax pay krna hi padega 1%?!

2). deceased person ki daughter Ko Authorize representative online hi declare kr skte hai ya offline mtlb department jakr?? or konse documents submit krne honge department me??

Replies (3)

Divyam Agarwal

Practicing Chartered Accountant

959 Points Posted on 26 March 2022

GSTN should be cancelled in the name of the father, business can be continued only after new GSTIN allotment in daughter's/someone else's name.

sabyasachi mukherjee

Profession Business

28207 Points Posted on 26 March 2022

Deceased person cannot continue business.

Sudhir Kulshreshtha

Advocate

192 Points Posted on 26 March 2022

29. Cancellation or suspension of registration.

[1] The proper officer may, either on his own motion or on an application filed by the registered person or by his legal heirs, in case of death of such person, cancel the registration, in such manner and within such period as may be prescribed, having regard to the circumstances where,--

[a] the business has mbeen discontinued, transferred fully for any reason including death of the proprietor, amalgamated with other legal entity, demerged or otherwise disposed of; or
you have to produce documents stating the daughter as the legal hairs of the deceased and get new GST number in the name of daughter and then you can transfer all stocks and ITC in new firm......consult any CA or Advocate of your area or in this regard