Clarification in respect of apportionment of input tax credit (ITC) in cases of business reorganization under section 18 (3) of CGST Act read with rule 41(1) of CGST Rules
📋
Contents
Cases Cited
Referred In
Notifications
Circulars
Forms
Manuals
Acts
Rules & Regulations
Case Laws New
Ref Provisions New
Plus +
Source NTF
Summary
Similar
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
Apportionment of input tax credit: apply State level asset ratio to transferor's total unutilized credit when filing ITC 02. Clarification: apportion ITC on business reorganisation by applying the asset value ratio at the level of each distinct registration (State level); apply the ratio to the transferor's total unutilized ITC balance as on the date of filing FORM GST ITC 02, using the asset values as on the appointed date of the restructuring; FORM GST ITC 02 is required only where both transferor and transferee are registered in the State; the formula applies to all reorganisations involving partial transfer of assets with liabilities and allocation may be made across tax heads within available balances.
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: apply State level asset ratio to transferor's total unutilized credit when filing ITC 02.
Clarification: apportion ITC on business reorganisation by applying the asset value ratio at the level of each distinct registration (State level); apply the ratio to the transferor's total unutilized ITC balance as on the date of filing FORM GST ITC 02, using the asset values as on the appointed date of the restructuring; FORM GST ITC 02 is required only where both transferor and transferee are registered in the State; the formula applies to all reorganisations involving partial transfer of assets with liabilities and allocation may be made across tax heads within available balances.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.