M Com FCS LLB M-AIMA
14046 Points
Posted on 23 June 2021
| Originally posted by : ZAID OFFICIAL |
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Sir my concern is that do we are really suppose to reverse the ITC of stock and capital goods lying on the day of death of proprietor ,where the children of diseased proprietor wants to carry the business. |
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n need to reverse the input tax credit of stock. in case business assets are transferred on going concern basis Para I of Sch I does not apply. In other words permanent transfer or disposal of business assets on death of properietor without consideration to legal heir on which ITC has been claimed does not amount to supply if business is transferred on going concern basis. Similarly provision of section 29(5) also does not apply in terms of notification dated 28.6.17 and Schedule III para 4C also makes an exemption in case of going concern so you are not required to worry.