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Notification No. 12/2017 treats transfer of a going concern or...
Transfer of going concern and transfer of input tax credit under GST allowed; exemption applies though interstate ledger transfers left to authorities.
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Notification No. 12/2017 treats transfer of a going concern or an independent part as an exempt supply of services, and the petitioner is entitled to that exemption notwithstanding unresolved doubts about whether the GST Act itself treats such transfers as taxable services. Section 18(3) permits transfer of unutilised input tax credit on sale, merger, amalgamation or lease so the credit held by the transferor is transferable to the transferee; the court construes "change in the constitution of the registered person" to permit this ledger transfer and rejects a narrow internal-only interpretation, with the effect that transferees who are separate registrants can receive input tax credit. InterState transfer between state GST ledgers is left for authorities to decide; the AAR ruling is set aside.
Notification No. 12/2017 treats transfer of a going concern or an independent part as an exempt supply of services, and the petitioner is entitled to that exemption notwithstanding unresolved doubts about whether the GST Act itself treats such transfers as taxable services. Section 18(3) permits transfer of unutilised input tax credit on sale, merger, amalgamation or lease so the credit held by the transferor is transferable to the transferee; the court construes "change in the constitution of the registered person" to permit this ledger transfer and rejects a narrow internal-only interpretation, with the effect that transferees who are separate registrants can receive input tax credit. InterState transfer between state GST ledgers is left for authorities to decide; the AAR ruling is set aside.
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