Q. 345 In case of death of a Proprietor (father ) , the son formed a new entity & took over all the Business Assets & Liabilities . ITC too was transferred through ITC -02 . Whether transfer of whole business would be considered as Supply under schedule II or under any provisions ?

Ans. As per our opinion transfer of whole business as a going concern is to be considered as supply of service under GST and the same is exempt as per the Notification No. 12/2017 of Central Tax (Rate) (Sr. No.-2).

Q. 344 Please verify the applicable rate of GST on the job work of washing and dyeing of Jeans( Garment not textile) and relevant SAC. Thanks ?

Ans. Sac for dying and washing is 999715. 

Q. 343 A client was served with SCN followed by cancellation order after not filing returns for 7 consecutive months . date of cancellation order 01/07/2022. client approached me on 23 october regarding this. Due to passage of 90 days the application for revocation option has been disabled by portal, the reply to SCN option too is disabled. Now, since client had valiod medical grounds on account of hospitalisation of his father , I filed an appeal but the clerk while receiving the hard copy of APL 01 says that since thedeadline for appeal too has passed, the Appeal is most likely to get rejected, i have mentioned several judgements in this regard in a supporting document attached with appeal what are my available options in this case , also can you quote any recent judgement which goes in my favor , note : all pending returns have been filed alongwith system calculated late fee ?

Ans. You can refer to “Pearl and Co. Vs Commissioner of Commercial Taxes (Madras High Court)” case law.