Clarification on ITC Apportionment in Business Reorganizations – Circular No. 133/03/2020-GST
<p>Circular No. 133/03/2020-GST provides crucial clarifications on the apportionment and transfer of Input Tax Credit (ITC) during business reorganizations such as mergers, demergers, and other changes in the constitution or ownership of a business. This clarification addresses key concerns raised by taxpayers and aims to streamline the process of ITC transfer in such cases.</p><p><strong>Key Highlights:</strong></p><ul><li><strong>ITC Transfer During Business Reorganization</strong>: The circular explains how unutilized ITC can be transferred in cases of business reorganization, including mergers, demergers, amalgamations, or transfers of business. Section 18(3) of the CGST Act and Rule 41(1) of the CGST Rules govern the process of filing for the transfer of unutilized ITC.</li><li><strong>Demerger Apportionment</strong>: For demergers, ITC should be apportioned based on the value of assets in each state, rather than at the all-India level. This ensures a fair distribution of ITC based on the assets transferred in each state, providing clarity on how to proceed when assets are divided across multiple states.</li><li><strong>Applicability of Apportionment Formula</strong>: The circular confirms that the apportionment formula should be applied to the total unutilized ITC, covering all heads of ITC (CGST, SGST, IGST, and Cess). This helps simplify the transfer process by ensuring the formula is applied uniformly across different types of credits.</li><li><strong>Timelines and Form GST ITC-02</strong>: Businesses undergoing reorganization must submit the details of the transfer using Form GST ITC-02. The ITC transfer process must be completed within specific timelines, and the apportionment is based on the value of assets as on the "appointed date" of the reorganization.</li><li><strong>Partial Business Transfers</strong>: The circular also clarifies that the apportionment rule applies not only in demergers but also in cases where part of the business is transferred. The formula for apportionment of ITC applies to all business reorganizations involving partial transfers of assets along with liabilities.</li><li><strong>Clear Guidelines for ITC Calculation</strong>: Detailed illustrations are provided to demonstrate how to calculate the amount of ITC that should be transferred to the transferee. This includes determining the ITC balance across different states and tax heads, ensuring that businesses can easily comply with the rules.</li></ul><p>This clarification is essential for businesses undergoing reorganizations, as it offers clear instructions on how to transfer ITC in compliance with the GST law.</p><p><a href="https://cms.plasament.com/storage/chirag-singla/circular-cgst-133.pdf">circular-cgst-133</a><br> </p>