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
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Input tax credit apportionment: asset ratio at State registration determines transferable ITC applied to ledger balance on filing. Clarification requires apportionment of unutilized input tax credit under rule 41(1) to be based on the value of assets at the State registration level; Form GST ITC 02 is to be filed only in States where both transferor and transferee are registered. The asset value ratio (taken as of the scheme's appointed date) is applied to the transferor's ITC balance as on the date of filing ITC 02, and the ratio is applied to the total ITC (sum of CGST, SGST/UTGST, IGST and cess) with allocation across tax heads permitted within available balances.
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Input tax credit apportionment: asset ratio at State registration determines transferable ITC applied to ledger balance on filing.
Clarification requires apportionment of unutilized input tax credit under rule 41(1) to be based on the value of assets at the State registration level; Form GST ITC 02 is to be filed only in States where both transferor and transferee are registered. The asset value ratio (taken as of the scheme's appointed date) is applied to the transferor's ITC balance as on the date of filing ITC 02, and the ratio is applied to the total ITC (sum of CGST, SGST/UTGST, IGST and cess) with allocation across tax heads permitted within available balances.
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