Transfer of input tax credit after proprietor's death requires filing ITC 02 and shifts registration and liability to the successor. Unutilized input tax credit of a deceased sole proprietor may be transferred to the person who continues the business by filing FORM GST ITC-02 on the common portal in respect of the registration to be cancelled; FORM GST ITC-02 must be filed before applying for cancellation and, upon acceptance, the specified credit is credited to the transferee's electronic credit ledger. The transferee must obtain registration from the date of transfer, indicate 'death of the proprietor' in registration/cancellation forms, and will be 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 after proprietor's death requires filing ITC 02 and shifts registration and liability to the successor.
Unutilized input tax credit of a deceased sole proprietor may be transferred to the person who continues the business by filing FORM GST ITC-02 on the common portal in respect of the registration to be cancelled; FORM GST ITC-02 must be filed before applying for cancellation and, upon acceptance, the specified credit is credited to the transferee's electronic credit ledger. The transferee must obtain registration from the date of transfer, indicate "death of the proprietor" in registration/cancellation forms, and will be jointly and severally liable for any tax, interest or penalty due from the transferor.
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