Transfer of input tax credit allowed on death of sole proprietor if successor files FORM GST ITC-02 before cancellation. Clarifies that change in ownership due to death of a sole proprietor is a transfer of business; the successor must register citing 'death of the proprietor' and may have unutilized input tax credit transferred by filing FORM GST ITC-02 electronically prior to cancellation. Upon acceptance the specified credit is credited to the successor's electronic credit ledger, and the transferor and transferee/successor are jointly and severally liable for tax, interest or penalty due from the transferor.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Transfer of input tax credit allowed on death of sole proprietor if successor files FORM GST ITC-02 before cancellation.
Clarifies that change in ownership due to death of a sole proprietor is a transfer of business; the successor must register citing "death of the proprietor" and may have unutilized input tax credit transferred by filing FORM GST ITC-02 electronically prior to cancellation. Upon acceptance the specified credit is credited to the successor's electronic credit ledger, and the transferor and transferee/successor are jointly and severally liable for tax, interest or penalty due from the transferor.
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