CGST Rules Rule 40 — Transfer of credit on sale, merger, amalgamation, lease or transfer of a business
CGST Rules, 2017 · Transfer of credit on sale, merger, amalgamation, lease or transfer of a business
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Rule 40 of the CGST Rules, 2017 governs Transfer of credit on sale, merger, amalgamation, lease or transfer of a business. It establishes the detailed procedural framework and compliance requirements necessary to implement the corresponding provisions of the CGST Act. Rule 40 CGST: Transfer of credit on sale, merger, amalgamation, lease or — eligibility, conditions, case laws and compliance impact under Indian tax law.
(1)The input tax credit claimed in accordance with the provisions of sub-section (1) of section 18 on the inputs held in stock or inputs contained in semi-finished or finished goods held in stock, or the credit claimed on capital goods in accordance with the provisions of clauses (c) and (d) of the said sub-section, shall be subject to the following conditions, namely,-
(a)the input tax credit on capital goods, in terms of clauses (c) and (d) of sub-section (1) of section 18, shall be claimed after reducing the tax paid on such capital goods by five percentage points per quarter of a year or part thereof from the date of the invoice or such other documents on which the capital goods were received by the taxable person.
(b)the registered person shall within a period of thirty days from the date of becoming eligible to avail the input tax credit under sub-section (1) of section 18, or within such further period as may be extended by the Commissioner by a notification in this behalf, shall make a declaration, electronically, on the common portal in FORM GST ITC-01 to the effect that he is eligible to avail the input tax credit as aforesaid:1
Provided that any extension of the time limit notified by the Commissioner of State tax or the Commissioner of Union territory tax shall be deemed to be notified by the Commissioner.1
(c)the declaration under clause (b)shall clearly specify the details relating to the inputs held in stock or inputs contained in semi-finished or finished goods held in stock, or as the case may be, capital goods-
(i)on the day immediately preceding the date from which he becomes liable to pay tax under the provisions of the Act, in the case of a claim under clause (a) of sub-section (1) of section 18;
(ii)on the day immediately preceding the date of the grant of registration, in the case of a claim under clause (b) of sub-section (1) of section 18;
(iii)on the day immediately preceding the date from which he becomes liable to pay tax under section 9, in the case of a claim under clause (c) of subsection (1) of section 18;
(iv)on the day immediately preceding the date from which the supplies made by the registered person becomes taxable, in the case of a claim under clause
(d)of sub-section (1) of section 18;
(d)the details furnished in the declaration under clause (b) shall be duly certified by a practicing chartered accountant or a cost accountant if the aggregate value of the claim on account of central tax, State tax, Union territory tax and integrated tax exceeds two lakh rupees;
(e)the input tax credit claimed in accordance with the provisions of clauses
(c)and (d) of sub-section (1) of section 18 shall be verified with the corresponding details furnished by the corresponding supplier in FORM GSTR-1 and in FORM GSTR-1A, if any,2 or as the case may be, in FORM GSTR- 4, on the common portal.
(2)The amount of credit in the case of supply of capital goods or plant and machinery, for the purposes of sub-section (6) of section 18, shall be calculated by reducing the input tax on the said goods at the rate of five percentage points for every quarter or part thereof from the date of the issue of the invoice for such goods.
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12Superscript numbers in the text mark amended passages — click them to jump here. Click "↑ view in text" to jump back.
1
Substituted (w.e.f. 01.07.2017) vide Notification No. 22/2017 - CT dated 17.08.2017.
2
Inserted vide Notification No. 12/2024 - CT dated 10.07.2024.