Clarification in respect of apportionment of input tax credit (ITC) in cases of business reorganization under section 18(3) of RGST Act read with rule 41(1) of RGST Rules
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Apportionment of input tax credit: asset-value ratio determines transferable ITC, applied to ledger balance on filing. Apportionment of unutilized input tax credit on demerger or partial business transfer must use the asset-value ratio specified in the scheme, with 'value of assets' meaning entire business assets. For multi-State registrations, apportionment is computed at the State (distinct person) level. The asset ratio is taken as on the appointed date of the scheme and applied to the transferor's electronic credit ledger balance on the date of filing FORM GST ITC-02. The ratio applies to total unutilized ITC; the transferor may distribute the transferable amount among tax heads within available balances.
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Provisions expressly mentioned in the judgment/order text.
Apportionment of input tax credit: asset-value ratio determines transferable ITC, applied to ledger balance on filing.
Apportionment of unutilized input tax credit on demerger or partial business transfer must use the asset-value ratio specified in the scheme, with "value of assets" meaning entire business assets. For multi-State registrations, apportionment is computed at the State (distinct person) level. The asset ratio is taken as on the appointed date of the scheme and applied to the transferor's electronic credit ledger balance on the date of filing FORM GST ITC-02. The ratio applies to total unutilized ITC; the transferor may distribute the transferable amount among tax heads within available balances.
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