Clarification in respect of apportionment of input tax credit (ITC) in cases of business reorganization under section 18 (3) of WBGST Act read with rule 41(1) of WBGST Rules
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Apportionment of input tax credit: asset-value ratio allocates unutilised GST credit at the state registration level. Clarifies apportionment and transfer of input tax credit on business reorganisations: unutilised ITC may be transferred by filing FORM GST ITC-02; 'value of assets' covers entire business assets. Apportionment by asset-value ratio applies to demergers and any partial business transfers, calculated at each distinct registration (state) level rather than all-India, and applies to the aggregate ITC including cess. The transferable ITC is computed on the transferor's electronic credit ledger balance as on filing date of FORM GST ITC-02; the asset ratio is taken as of the scheme's appointed date.
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.
Apportionment of input tax credit: asset-value ratio allocates unutilised GST credit at the state registration level.
Clarifies apportionment and transfer of input tax credit on business reorganisations: unutilised ITC may be transferred by filing FORM GST ITC-02; "value of assets" covers entire business assets. Apportionment by asset-value ratio applies to demergers and any partial business transfers, calculated at each distinct registration (state) level rather than all-India, and applies to the aggregate ITC including cess. The transferable ITC is computed on the transferor's electronic credit ledger balance as on filing date of FORM GST ITC-02; the asset ratio is taken as of the scheme's appointed date.
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