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

Cancellation timeline for transferor registration requires prompt ITC transfer and may affect refund recredit unless registration remains active.
Merger under NCLT requires the transferor to apply for cancellation within 30 days under Rule 20; unutilized ITC should be transferred before cancellation and filing Form ITC-02 is administratively advisable to secure transfer of credit and pending inverted-duty recredits, while multiple ITC-02 filings are permitted for separate transfers but pending recredit is only practicable if the transferor's registration remains active.