haryana
7 Points
Joined August 2012
Issue: GST Impact: Change in Constitution of business From Partnership to Proprietorship or vice versa
Solution : Following case can be possible
Case 1: Person don't want to change the business
Sol: Then the person no need to take fresh registration of proprietorship. Only amend the existing GST into proprietorship. And as per sub clause c of Clause 4 of schedule II of section 7 of CGST Act,2017, If business is going concern then it is not deemed as transfer of assets of business. Hence No outward GST Liability. So, Person should avoid to take fresh registration unless there is actually change in Business.
Case 2: Person who want to change the business
Sol: Then the person take fresh registration. Then it is treated as transfer as per section 7. Then seller pay GST outward liability. Buyer will take ITC of that.
Thanks,
CA. Sourabh
M.NO. 8708366802
If any doubt remains, then feel free to contact.