tax payment on cancellation

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At the time of cancellation of gst no of deceased person by his legal heir, whether he has to pay tax on stock and capital goods at the time of cancellation?? will it not be double taxation because his legal heir again has to pay tax at the time of its supply..
Replies (10)
If legal heir is continuing that business as an going business then legal heir has to take Gst registration and ITC on stock and capital goods need not be reversed back.
Originally posted by : Anita Pangotra
At the time of cancellation of gst no of deceased person by his legal heir, whether he has to pay tax on stock and capital goods at the time of cancellation?? will it not be double taxation because his legal heir again has to pay tax at the time of its supply..

If Legal Heir Continue Business as a going Concern Than as per Sl.No. 2 Of Exemption GST is Not leveid 

whether legal heir has to file final return form gstr-10 without paying any tax on stock and capital goods
yes you have to pay tax on your stock by filing gstr 10 there is option to pay tax .... you have to give details on your stock
but exemption is there in gst exemption notification
If an on going business is transferred
Originally posted by : Anita Pangotra
but exemption is there in gst exemption notification If an on going business is transferred

It' can be done while cancellation of registration of ongoing business (Transferor)

Login to the GST Portal with your user-ID and password. Navigate to the Services > Registration > Application for Cancellation of Registrationoption. select the Tab Reason : there 2 option in your case :

If it's a company select :! 1.Transfer of business on account of amalgamation, merger, demerger, sale, leased or otherwise

If it's proprietary Firm Select 2 Change in constitution of business leading to change in PAN: Enter the date from which registration is to be cancelled.

Provide the GSTIN of the transferee entity under the Details for Transfer, Merger or Change in Constitution section. System will validate the same, and based upon it’s Legal Name of Business, will auto-populate the Trade Name Enter the date from which registration is to be cancelled (Transfer of business)

Click Save & Submit the Application. Note :

File FORM GST ITC-02, electronically on the Common Portal along with a request for transfer of unutilized input tax credit lying in his electronic credit ledger to the transferee: 

Refer Section 18 (3)

legal heir is going to continue that business by takin new registration in his name??
yes..sir legal heir is running the same business by taking new registration.
Then pls file itc 01 ..so that legal heir can get itc if there's in credit Ledger...

After filing itc 01 from transferor business then pls accept itc 01 in transferee business.


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