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ZAID OFFICIAL   18 June 2021

ITC reversal of stock in case of death of proprietor

I have a query regarding ITC reversal of business asset (i.e. stock and capital goods) in case of death of proprietor.

If the children of diseased proprietor wants to carry the business then how he can claim the ITC which so reversed (on business asset) in diseased proprietor.
Please help on above query.


 8 Replies

CA Altamush Zafar

CA Altamush Zafar (GST Consultant)     18 June 2021

The legal heir will take a new registration. The business will be transferred to the new GSTIN. ITC will then be transferred via ITC-02

1 Like
ZAID OFFICIAL

ZAID OFFICIAL   18 June 2021

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.
CA Altamush Zafar

CA Altamush Zafar (GST Consultant)     18 June 2021

No you don't need to reverse it.

You will have to transfer it to the new gstin.

1 Like
Heet Shah

Heet Shah (Tax Consultant)     19 June 2021

Originally posted by : ZAID OFFICIAL
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.

U need to intimate the jurisdictional officer abt the death of the propeitor and your intention to carry on the business 

Heet Shah

Heet Shah (Tax Consultant)     19 June 2021

By filing itc 02 the itc can be transferree

jituparmar89@gmail.com

jituparmar89@gmail.com (jituparmar89@gmail.com)     19 June 2021

YA ITC CAN AVAIL BUT FIRST YOU SHOULD CANCEL GST NO OF DEATH OF PROPRIETOR AND NEW BUSINESS (GST NO) WHICH HIS SON BY CARRY HIS PARENT'S GSTN ITC CREDIT ON HIS NEW GSTIN NO BY APPLICATION IN NEW GSTIN AT APPLICATION AND AFTER SUBMITING ITC02 FORM AFTER APPLICATION A NEW GSTIN.

KAMLESH CHAUHAN

KAMLESH CHAUHAN   23 June 2021

First new application before itc 02 file
CS Abhishek Goyal

CS Abhishek Goyal (M Com FCS LLB M-AIMA )     23 June 2021

Originally posted by : ZAID OFFICIAL
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.

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.


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