Upon Company Amalgamaton - GST Procedure & Return filing

[venkataraman swaminathan]

Dear Sir we are having Limited Co's A, B , C , D & E at Chennai.(all ar

Good Evening

e having T.Nadu GSTN)

The company E wants to take over all the A,B,C,D 4 Co's by Amalgamation Order and the process is going on & likely to be w.e.f. 01.04.2020.as per Court's Order. All co's are under GST registration and TTO > 10 Crores per annum. & regular Return filing completed for all Returns upto date,& 9 / 9C Filed for 2017-18 . Request guidance for the following doubts/querry.

1. For the Co's A , B,C,D can we surrender GST Registration , after the addition of these

premises in the Co's E GST Registration as additional Place of business by amending the Registration Application of Company E .

2. how to file GSTR-9 and 9C Annual return for these 4 Co's A,.B,C,D for the FY 2018-19 and 2019-20 after the amalgamation process. (say - take over from 1.4.20)

3. Is it necessary to file GSTR-1 and GSTR-3B as NIL return ,up to the time of completion of filing of GSTR-9 /9C for 2 years 19-20 & 20-21.

4. can we file GSTR-10 for Co's A,B,C,D and in which time/ date we need to file.GSTR-10?

5. all these co's are manufacturing automobile components on job work basis from

the customer supplied materials & our t.o. is only Job charges . In these circumstance is it necessary to file any stock declaration to Dept' .

6. IF any ITC Credit in these 4 Co's can we transfer the Pending Credit of Electronic credit ledger amount by ITC 02 to the co' E .(transfer of credit )

Request suitable guidance please.

Thanks

V swaminathan

[KASTURI SETHI]

Query-wise reply is as under:-

1. Yes.

2. When you surrender registration certificate on Common Portal System, it will not be cancelled immediately. No timeline is fixed for cancellation by the Govt. After filing of all returns, after completion of audit and after clearing all the dues the Department will consider about cancellation of registration certificate. After the surrender, the assessee will be free from performing all the legal formalities i.e. filing of returns etc. but the account on common portal will remain open for filing returns.Time will be given for filing returns. Three months for filing final return and during this period Annual Returns can also be filed by four companies A, B, C, D..

3. No. After surrender of registration, GSTR-1 and GSTR 3B returns are not required to be filed.

4. Yes, as per Section 45 of CGST Act. GSTR 10 is to be filed within three moths from the date of cancellation or date of order of cancellation, whichever is earlier.

5.No. The Principal manufacturer is responsible for goods (inputs/semi-finished goods) sent to job workers.

6. Yes. As per Section 18(3) of CGST Act read with Rule 41(1) of CGST Rules, 2017

[venkataraman swaminathan]

Dear Sir

Thank you very much for the guidance .

v.swaminathan

AI Summary

Guidance on GST Procedures Post-Amalgamation: Surrender Registrations, File GSTR-10, Transfer ITC Credits, No Stock Declaration Needed A company in Chennai is undergoing an amalgamation where Company E will take over Companies A, B, C, and D, effective April 1, 2020. The query seeks guidance on GST procedures post-amalgamation, including surrendering GST registrations for the absorbed companies, filing annual returns for fiscal years 2018-19 and 2019-20, and transferring ITC credits. The response clarifies that GST registrations can be surrendered, and outlines the process for filing final returns and transferring ITC credits. It also specifies that GSTR-10 must be filed within three months of cancellation and that no stock declaration is necessary for job work components.