TaxTMI 
TaxTMI 
Tax liability in case of change in constitution
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....ax liability in case of change in constitution<br> Query (Issue) Started By: - JAY SHAH Dated:- 8-5-2018 Last Reply Date:- 9-5-2018 Goods and Services Tax - GST<br>Got 5 Replies<br>GST<br>Hello We have a partnership firm and registered as composition dealer under GST regime. now i want to convert the same to proprietorship by retiring one partner and other one continue in same business under same....
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.... banner. is there any tax liability arise on closing stock? in proprietorship also i want to continue under composition dealer. Reply By kollengode venkitaraman: The Reply: WHEN THE BUSINESS OF THE PARTNERSHIP IS TAKEN OVER BY ONE PATNER AS A PROPRIETORSHIP, IT WILL BE EXEMPT "TAKING OVER A BUSINESS AS A WHOLE" IS EXEMPTED UNDER GST Reply By DR.MARIAPPAN GOVINDARAJAN: The Reply: In ....
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....my view you cannot continue under erstwhile composite dealer system. You have to obtain a fresh. You have to surrender the certificate of registration and pay the dues payable. Reply By YAGAY and SUN: The Reply: Generally, in case of change of constitution of a registered person on account of sale, merger, demerger etc, the unutilised ITC shall be allowed to be transferred to the transferee. In ....
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....our view you should remain as compositions dealer. Reply By JAY SHAH: The Reply: we have to surrender firm's GST No. And will obtained new GST no. Under proprietorship. If both are regular dealer then there is no problem arise as we can issue tax invoice of whole stock from partnership firm to proprietorship. So tax liabilty of firm can be paid and ITC in proprietorship can be availed. But w....
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....e are composition dealer. If we pay GST on closing stock in partnership firm for transfer of stock to proprietorship then we are going to pay two time GST. One at the time of transfer to proprietorship and again we have to pay gst in proprietorship on final sale. Reply By KASTURI SETHI: The Reply: Dear Querist, There is no doubt that afresh registration is required as rightly advised by Dr.Go....
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....vindarajan, Sir.. When you apply for a new registration, you are to decide whether to opt for composition dealer or not. New registration, afresh option is required. It is natural that a composition dealer cannot avail ITC Actually, no-provision of ITC as composition dealer is a hurdle for you. Otherwise there would have been no problem as rightly advised by M/s.YAGAY and SUN in first paragraph.....
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