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Section 41: Transfer of credit on sale, merger, amalgamation, lease or transfer of a business

Maharashtra Goods and Services Tax Rules, 2017.State Rules of Maharashtra · 2017

(1) A registered person shall, in the event of sale, merger, demerger, amalgamation, lease or transfer or change in the ownership of business for any reason, furnish the details of sale, merger, de-merger, amalgamation, lease or transfer of business, in 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:

Provided that in the case of demerger, the input tax credit shall be apportioned in the ratio of the value of assets of the new units as specified in the demerger scheme.

2[Explanation.— For the purpose of this sub-rule, it is hereby clarified that the “value of assets” means the value of the entire assets of the business, whether or not input tax credit has been availed thereon.]

(2) The transferor shall also submit a copy of a certificate issued by a practicing chartered accountant or cost accountant certifying that the sale, ! These words, letters and figures were inserted by Notification No. MGST.1524/C.R.24 / Taxation-1, (Notification No.

12/2024, Amendment-2024), dated 12th August, 2024, 2 This Explanation was inserted by Notification No.GST-1019/C.R.46/Taxation-1 (Notification No.16/2019, Second Amendment 2019) dt. 30th March 2019, (w. e. f. 29th March 2019).

83 merger, de-merger, amalgamation, lease or transfer of business has been done with a specific provision for the transfer of liabilities.

(3) The transferee shall, on the common portal, accept the details so furnished by the transferor and, upon such acceptance, the un-utilized credit specified in FORM GST ITC-02 shall be credited to his electronic credit ledger.

(4) The inputs and capital goods so transferred shall be duly accounted for by the transferee in his books of account.

Where this provision sits

ActMaharashtra Goods and Services Tax Rules, 2017.
Section41
Marginal noteTransfer of credit on sale, merger, amalgamation, lease or transfer of a business
JurisdictionState of Maharashtra
StatusIn force as published by the source

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