Transfer of input tax credit on death of a sole proprietor allows the successor to claim unutilized credit subject to prescribed filings. The circular confirms that transfer of input tax credit includes transfers due to death of a sole proprietor and that a transferee or successor continuing the business may receive unutilized credit from the deceased proprietor's electronic credit ledger. The transferee must register citing death of proprietor, file FORM GST ITC-02 before applying for cancellation of the deceased's registration, and upon acceptance the specified credit will be credited to the transferee's ledger. The transferee/successor is jointly and severally liable for any 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 on death of a sole proprietor allows the successor to claim unutilized credit subject to prescribed filings.
The circular confirms that transfer of input tax credit includes transfers due to death of a sole proprietor and that a transferee or successor continuing the business may receive unutilized credit from the deceased proprietor's electronic credit ledger. The transferee must register citing death of proprietor, file FORM GST ITC-02 before applying for cancellation of the deceased's registration, and upon acceptance the specified credit will be credited to the transferee's ledger. The transferee/successor is jointly and severally liable for any tax, interest or penalty due from the transferor.
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