Query regarding ITC in case death of proprietor.

Hello,

How to claim the ITC that is available in the electronic credit ledger in case of death of proprietor if there is no transferry Or successor?
Replies (7)
Quick Summary
This discussion addresses how to claim Input Tax Credit (ITC) from the electronic credit ledger when the proprietor of a business passes away and there is no successor. While Rule 41(1) of the CGST Rules outlines the process for transferring ITC via FORM GST ITC-02 in cases of business transfer, it specifically requires a transferee or successor. If a successor is unwilling to continue the business, the ITC may lapse, as the standard procedure for claiming it relies on a successor filing the necessary form before the registration is cancelled.

As per rule 41(1) of the CGST Rules, a registered person shall file FORM GST ITC-02 electronically on the common portal with a request for transfer of unutilized input tax credit lying in his electronic credit ledger to the transferee, in the event of sale, merger, de-merger, amalgamation, lease or transfer or change in the ownership of business for any reason. In case of transfer of business on account of death of sole proprietor, the transferee / successor shall file FORM GST ITC-02 in respect of the registration which is required to be cancelled on account of death of the sole proprietor. FORM GST ITC-02 is required to be filed by the transferee/successor before filing the application for cancellation of such registration. Upon acceptance by the transferee / successor, the un-utilized input tax credit specified in FORM GST ITC-02 shall be credited to his electronic credit ledger.
If his successor not willing to continue the business, ITC will lapse? Or claimable?

Then in that case ITC might not be claimed

Thank you so much sir
Your welcome
THE SUCCESOR CAN ALWAYS CLAIM ITC FREDIT.
Yes successor can claim ITC

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