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Capital Asset - Plant and Machinery introduced by incoming partner in partner ship firm, Goods and Services Tax - GST

Issue Id: - 114690
Dated: 26-2-2019
By:- anuja bhandari
Capital Asset - Plant and Machinery introduced by incoming partner in partner ship firm

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A proprietor firm unregistered in GST has plant machinery in Assets. The proprietor in individual capacity will be introduced as partner in partnership firm and will introduce the plant and machinery as capital introduction. WDV of plant and machinery is 1 crore. Plant and Machinery is purchased pre GST period by proprietor. Will GST be applicable on capital asset introduced by incoming partner?

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1 Dated: 21-3-2019
By:- Dhruv Dedhia

Section 7 of CGST Act 2017 read with Schedule I of CGST Act 2017 states that any supply of goods or services or both between related persons (employee and employer) when made in the course or furtherance of business even without consideration would amount to supply.

Many cases in earlier laws could be referred which says penalties once imposed on partnership firm cannot be imposed on partners are not a separate legal entity and cannot be equated as an employee of the firm.

Partners and partnership firms are not a separate legal entity hence any transfer from partner to partnership firm would be treated as self-consumption and would not be liable to GST.


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