SEO Sai Gr. Hosp.
208350 Points
Joined July 2016
If Business is transferred as a going concern by the taxable person to another person (i.e. sale, merger, demerger, amalgamation, transfer of the business) with the specific provisions for transfer of liabilities ... Transfer of goods will not be considered as supply of goods, Transfer shall be allowed to transfer the input tax credit which remains unutilised in terms of Section 18(3) of the CGST Act,2017 read with rule 41 of the CGST Rules,2017. Transferee shall be considered as taxable person under the CGST Act,2017.
In nutsell, as per entry no.2 of Notification No.12/2017-CTR ,”Services by way of transfer of a going concern, as a whole or independent parts thereof “ have been exempted from the GST Tax. So, It may be noted that whether the business is transferred as a whole or in independent parts thereof, both are exempt from the GST Tax Liability.