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‘Company A’ having 100% shareholding in ‘Company B’. Merger of B into A is being carried out. After the merger, B will be closed and only A will exist. The trade name of B will continue to be used as it is known by various customers and suppliers. 1) Will the company need to apply for a new GST registration number? 2) If yes, before or after the merger? 3) IGST refund pending on export sales already made by paying IGST – how will this be transferred to A? 4) Transfer of running balances of GST credit after merger – how will this be transferred to A?
GST issues on Merger
Kaustubh Karandikar
GST registration on merger: treatment of registration, pending IGST refunds and input tax credits per Rule 41 guidance. Company A will absorb Company B, retaining B's trade name; queries concern need and timing for new GST registration, transfer of pending IGST refund on prior export sales, and transfer of running GST credit balances after the merger. The respondent refers to Rule 41 of the CGST Rules, 2017 as the governing, self explanatory provision for these matters. (AI Summary)