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CHAPTER V - INPUT TAX CREDIT
Rule 36 - Documentary requirements...
Rule 37 - Reversal of input tax cr...
Rule 38 - Claim of credit by a ban...
Rule 39 - Procedure for distributi...
Rule 40 - Manner of claiming credi...
Rule 41 - Transfer of credit on sa...
Rule 41A - Transfer of credit on o... Rule 42 - Manner of determination ... Rule 43 - Manner of determination ... Rule 44 - Manner of reversal of cr... Rule 44A - Manner of reversal of c... Rule 45 - Conditions and restricti... Rule 37A - Reversal of input tax c...Rule 41 - Transfer of credit on sale, merger, amalgamation, lease or transfer of a business
https://www.gstgyaan.com/rule-41-of-the-cgst-rules-transfer-of-credit-on-sale-merger-amalgamation-lease-or-transfer-of-a-business
41. Transfer of credit on sale, merger, amalgamation, lease or transfer of a business.[1]
(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. [2][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] |
(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. |
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