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- Whether transfer of the entire closing balance of input tax credit is mandatory upon a change in the constitution of the business ?
Whether transfer of the entire closing balance of input tax credit is mandatory upon a change in the constitution of the business ?
TRT-2026-1612
Issue Favourable to Tax Payer ?:- yes
Held - Section 87 of the CGST Act, 2017 prescribes the liability in case of amalgamation or merger of companies. For the purpose of registration of effect of amalgamation on the registration of the ARTIPL, the provision of sub-section (2) to section 87 of the CGST Act, 2017 bears relevance. Sub-section (2) to section 87 of the CGST Act, 2017 begins with non-obstante clause and also has an added ex.....
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- Whether reimbursement of expenses is leviable to GST?
- Whether input tax credit is admissible if invoice/debit note does not appear in Form GSTR-2A/2B or tax is not paid by supplier ?
- Whether marketing and sales promotion services to customers located outside India is intermediary or export of services ?
- Whether order / show cause notice is valid if passed without pre-show cause notice consultation or GST DRC-01 (summary SCN) or GST DRC-01A (tax intimation notice) ?
- Whether recovery proceedings can be initiated if assessee is willing to file an appeal ?
- Whether input tax credit can be transferred to the transferee entity in case of an inter-state business transfer ?
- Whether interest is payable for the period during which the reply to the deficiency memo remains pending ?
- Whether combined show cause notice can be issued covering multiple financial years ?
- Whether tax can be recovered by Department without prior intimation in Form DRC-01D ?
- Whether a penalty equal to 200% of the tax amount can be demanded in case of detention or seizure of goods ?
