Question55: 1. Needs clarification on entry no. 153 `Used personal and household effects` in exemption from eway bills under rule 138. What items be covered in this entry. Whether goods purchased like LCD, Motorcycle, Car, Furniture, Building Construction Material for residence etc. for personal purposes are covered under this entry or not. Please clarify.
 

Answer: Point wise reply is as follow

(1) All the goods mentioned are covered so if a consumer is purchasing from show room and carrying goods himself from showroom to house there is no need of Eway bill

The E Way Bill will apply only if

The sender of material is registered or the receiver of it is registered or the transporter is carrying more then 50000 value

In above case none of three is applied

Further for eway bill it is better to understand it with concept of sender or receiver then the term Seller and buyer Because in some cases the movement of goods is done not in capacity of seller or buyer

point no.2 ANSWER

The transfer of business as a going concern is not transfer under GST. This fact have been concluded from the S. no. 4 part (c) of Schedule II. The same is reproduced below

4. Transfer of business assets

(c) where any person ceases to be a taxable person, any goods forming part of the assets of any business carried on by him shall be deemed to be supplied by him in the course or furtherance of his business immediately before he ceases to be a taxable person, unless'


(i) the business is transferred as a going concern to another person; or

(ii) the business is carried on by a personal representative who is deemed to be a taxable person.

On the other hand "Service by way of transfer of going concern, as a whole or independent part thereof " is exempt under GST vide Notification No. 12/2017- Central Tax (Rate).

Thus the father has not required to pay GST on it.

Rule 41"Transfer of credit on sale, merger, amalgamation, lease or transfer of a business" is directly applicable to your case on the basis of going concern . According to this Rule unutilised ITC in E-credit ledger on filling of FORM GST ITC-02 will be transferred to the Transferee e-credit ledger. .(REPLY dt. 12/2/2018)