Pankaj Rawat
(GST Practitioner)
(55052 Points)
Replied 05 April 2018
In case of death of sole proprietor, Legal heir (Son)has to visit office of the Proper Officer (Jurisdiction Officer) and submit the Death Certificate of the sole proprietor along with the Succession Certificate before the Proper Officer as documentary evidence.
Proper Officer will add legal heir as the authorized signatory on the GST Portal.
Legal heir has to apply for new registration.
Once the new registration is approved, Legal heir has to apply for the transfer of ITC by filing FORM GST ITC– to new entity. However, there is no restriction on filing of ITC-02 pre or post cancellation. It is an independent form and has no relation with cancellation of the sole proprietorship firm.
apply for cancellation
At the the time of cancellation of deceased firm there it ask for reason for cancellation select the option change of ownership as soon as u select this option it ask u for the Gstn of transfere (proprietary firm) input ur GSTN of proprietary firm.
Enter the date from which registration is to be cancelled.
So without payment of any tax on stock can be transferred.