Rules Rule 41 of CGST Rules 2017 i.e. Transfer of Input Tax Credit on sale, merger, amalgamation, lease or transfer of a business


Financial Year: 2017


Rule 41 of CGST Rules

 

Transfer of credit on sale, merger, amalgamation, lease or transfer of a business

 

 

(1) A registered person shall, in the event of

sale,

merger,

de-merger,

amalgamation,

lease or

transfer

or change in the ownership of business for any reason,

 

furnish the details of

sale,

merger,

de-merger,

amalgamation,

lease or

transfer of business,

 

in FORM GST ITC-02,

electronically on the common portal

along with a request

for transfer of unutilized input tax credit lying in his electronic credit ledger

to the transferee

 

Provided that in the case of demerger,

the input tax credit shall be apportioned

in the ratio of the value of assets of the

new units as specified in the demerger scheme.

 

Explanation:-

 

For the purpose of this sub-rule, it is hereby clarified that the ?

value of assets means the value of the entire assets of the business,

whether or not input tax credit has been availed thereon.

 

(Explanation has been inserted by CGST Second Amendment Rules 2019 vide Notification No 16/2019 Central Tax dated 29th March 2019)

 

 

(2) The transferor shall also submit a

copy of a certificate issued by a practicing chartered accountant or cost accountant

certifying that the sale, merger, de-merger, amalgamation, lease or transfer of business

has been done with a specific provision for the transfer of liabilities.

 

(3) The transferee shall, on the common portal,

accept the details

so furnished by the transferor and,

upon such acceptance,

the un-utilized credit specified in FORM GST ITC-02

shall be credited to his electronic credit ledger.

 

(4) The inputs and capital goods so transferred

shall be duly accounted for by the transferee in his books of account.

 

Thanks

CA Rahul Gupta