Merging of Company and Gods and Service Tax Act

[umeshkumar jhawar]

Dear Sir

One Company ABC Private Limited got merged with PQR Private Limited as per NCLT Order vide order dated 31.01.2025. ABC Private Limited has ITC balance as on 31.01.2025 Rs. 1,00,000.00 at the same time ITC of Rs. 50,000.00 pending for recredit as per Inverted duty refund application.

Question

1. What is the due date for filing of application for cancellation for ABC Private Limited ?

2. Is there any due date for filing ITC-02?

3. Wherther pending recredit of Rs. 50,000.00 possible after cancellation of ABC Private Limited and whether we can file more than two ITC-02?

AI Summary

Merger Triggers Complex ITC Transfer Rules with Strategic Registration Management Challenges A private company underwent merger through NCLT order, involving transfer of input tax credit (ITC) balances. Key considerations include filing registration cancellation within 30 days, transferring ITC through ITC-02 form, and addressing pending recredit of Rs. 50,000. Experts recommend keeping the original company's registration active until recredit is completed, with potential strategies for managing tax credit transfer and potential departmental disputes.