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Clarification with respect to Section 18(3) read with Rule 41, Goods and Services Tax - GST

Issue Id: - 117423
Dated: 13-8-2021
By:- Sravan Pathakoti
Clarification with respect to Section 18(3) read with Rule 41

  • Contents

Sir,

Section 18(3) reads as Where there is a change in the constitution of a registered person on account of sale, merger, demerger, amalgamation, lease, or transfer of the business with the specific provisions for transfer of liabilities, the said registered person shall be allowed to transfer the input tax credit which remains unutilized in his electronic credit ledger to such sold, merged, demerged, amalgamated, leased or transferred business in such manner as may be prescribed.

Can you please explain the prominence/meaning of the word "Change in the constitution of a registered person?" Is there any difference in change in the business and change in the constitution?

Can a registered person who has transferred only part of the assets and few liabilities, transfer the balance in E Credit Ledger to the Transferee company? Please note that the transferor company has not done any merger, demerger, amalgamation, lease, it has just done transfer of few assets and few liabilities.

Circular 133 point (b) clarified that we can transfer the credit in case of partial transfer resulting of any business reorganization, Can you explain the meaning of the business organization here.

Finally can you please explain the logic of putting this section? I am of the view is that when we transfer the business as a going concern there is no GST as a result the balance of Electronic credit ledger will lay with the transferor company only to provide a way to transfer the balance in electronic credit ledger to transferee company Govt. has come up with this section. Please correct me if I am wrong.

Can we pay GST on the Sale of assets and transfer the balance amount in the E credit ledger in the proportion to assets transferred...Please clarify.

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Showing Replies 1 to 2 of 2 Records

1 Dated: 15-8-2021
By:- Shilpi Jain

Change in constitution can be looked as a change in PAN (for simplicity)

Mere transfer of few assets and liabilities which does not constitute a business transfer and in that case liability will exist for the transaction. Charging GST on this transaction could transfer the credit from selling to the purchasing entity.


2 Dated: 16-8-2021
By:- KASTURI SETHI

Sh.Sravan Pathakoti Ji,

Your high level of drafting the queries conveys a message that you are well aware of literal meaning of each and every word/phrase used here.

Anyway, I think you will be satisfied with the reply of Madam Shilpi Jain.


1

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