Transfer of input tax credit allowed to successor on death of sole proprietor; successor must file ITC-02 and assume liabilities. Where a sole proprietor dies and the business continues, unutilized input tax credit may be transferred to the transferee/successor. The transferee/successor must register citing death of the proprietor, file FORM GST ITC-02 electronically for the registration being cancelled on account of death before filing the cancellation application, and upon acceptance the specified credit will be credited to the transferee's electronic credit ledger. The transferor and transferee/successor are jointly and severally liable for tax, interest and penalties 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 to successor on death of sole proprietor; successor must file ITC-02 and assume liabilities.
Where a sole proprietor dies and the business continues, unutilized input tax credit may be transferred to the transferee/successor. The transferee/successor must register citing death of the proprietor, file FORM GST ITC-02 electronically for the registration being cancelled on account of death before filing the cancellation application, and upon acceptance the specified credit will be credited to the transferee's electronic credit ledger. The transferor and transferee/successor are jointly and severally liable for tax, interest and penalties due from the transferor.
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