business transfer in gst

276 views 4 replies

manoj singh

71 Points Joined March 2018

WANT TO REGISTERE MY PARTNERSHIP FIRM TO PROPRIETOR SHIP

Kya me partnership firm se proprietor ship me transfer kar skta hu gst me ? Lekin shyed only proprietor se partnership hi allowed hai ? Give section please

Replies (4)

Deepak Gupta

CA Student

15932 Points Joined May 2011

Dono he allowed nahi hai...

Since GST registration is PAN based. Change in constitution will result in change of PAN. So, you have to surrender/cancel the original registration and apply for a new one.

- CGST Act Sec. 29(1)(b)

29. Cancellation of registration.

(1) The proper officer may, either on his own motion or on an application filed by the registered person or by his legal heirs, in case of death of such person, cancel the registration, in such manner and within such period as may be prescribed, having regard to the circumstances where,––

(a) the business has been discontinued, transferred fully for any reason including death of the proprietor, amalgamated with other legal entity, demerged or otherwise disposed of; or

(b) there is any change in the constitution of the business; or

(c) the taxable person, other than the person registered under sub-section (3) of section 25, is no longer liable to be registered under section 22 or section 24.

Padmanathan Kv

2127 Points Joined October 2017

GST registration is PAN based. You can neither convert your proprietorship regn to partnership regn or vice-versa. You have to cancel your existing partnership registration and apply for new registration.

Priya Kashyap

Student

7053 Points Joined February 2019

sale of going concern business is a service and is exempted from Get serial number 2

manoj singh

71 Points Joined March 2018

So i have to ..file cancellation application of previous partnership Gstn with select of change in constitution of business leading to change in pan ? And after i have to file new registration application of properitor ship ??