Eswar Reddy S
(CFO- at NHTF)
(58270 Points)
Replied 31 January 2022
Eswar Reddy S
(CFO- at NHTF)
(58270 Points)
Replied 01 February 2022
sabyasachi mukherjee
(27574 Points)
Replied 01 February 2022
CA Altamush Zafar
(GST Consultant)
(15971 Points)
Replied 01 February 2022
If the asset is of nature of goods or services being transferred to a partnership firm then GST will become applicable. The firm will be eligible for ITC subject to section 16 and 17. Consideration not required since related parties.
CA Akshay Hiregange
(Partner - Audit & Assistance)
(4515 Points)
Replied 01 February 2022
Concept of mutuality comes into picture, i.e. whether partner and partnership firm must be seen as two separate persons in the eyes of GST law? For example, profit of a partnership firm liable in whose hands?
Considering the retrospective change in Section 7(1)(aa) impact too. But generally, for services rendered, firm is required to pay tax. Partner having separate GSTIN maybe for other taxable supplies in his own name.
It could be covered under 'related persons' for the purpose of GST, 'Schedule I' would kick in, and supply of 'goods' (including assets as goods definition is very wide) could be subject to GST.
Although this seems unnatural, this may need to be further studied.
sabyasachi mukherjee
(27574 Points)
Replied 02 February 2022
CA Altamush Zafar
(GST Consultant)
(15971 Points)
Replied 02 February 2022
There is no assumption. The querist himself said that the partner has a separate registration. First learn to read the question.
CAclubindia
