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Issue ID: 119648
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ITC admissibility in case of Merger / Demerger

Date 26 Feb 2025
Replies 3 Replies
Views 4211 Views
Input Tax Credit transfer post-merger requires filing for ITC transfer and documentary proof of goods received by successor.
Successor entities may claim Input Tax Credit for goods received post merger where the pre merger entity has transferred the goods and any unutilised electronic credit in accordance with the statutory transfer mechanism. Eligibility requires that the transfer occurred consistent with the merger cut off, the pre merger entity has borne tax or not utilised the credit, and the successor completes prescribed portal procedures to transfer ITC while maintaining documentary proof of receipt and business use; invoice name mismatches should be corrected or supported by vendor declarations and reconciled in returns. (AI Summary)

In case of Merger, the goods dispatched with invoice by the supplier are in the name of old entity but are received to new entity (which is at different place) after a cut-off date. Can the new entity be entitled to ITC for the goods received to it, as the invoice is in the name of old entity?

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