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S M Bhat (Tax Consultant)     23 June 2008

whether to pay

my client is selling his business as a whole ( including furniture & Closing stock). now my question is whether my client is liable to repay the input tax paid or is there any exemption for paying the same. Kindly refer section Ru;le and any decided case if any. 


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 4 Replies

Rajesh Kumar (Advocate)     24 June 2008

If the business is transferred as a whole, all the stocks along with Cenvat Credit can be transferred. See Rule 10 of the Cenvat Credit Rules. No need to pay the input credit paid.

S M Bhat (Tax Consultant)     24 June 2008

Dear Sir ,My question is whether my client is liable to repay the input VAT paid under K VAT Act  or is there any exemption ? kindly  give your openion.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     25 June 2008

What are the circumstances of sale. If it is being sold as running concern things will go in normal course as if nothing is changed.


Now the problem will be how to change the ownershp. If it is Pvt Ltd or Ltd there is no problem only shares are to be transfered. If partnership the partner can be replaced by new deed. If it is proprietoship  than you have to follow partnership route if the buisness is small if big make Pvt Ltd to  solve other taxation problems also.

S M Bhat (Tax Consultant)     03 July 2008

Thank you Sir.


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