Answer the following questions: (i) Mr. Suresh, a partner in M/s Trinity & Co., a firm registered under GST, retired from the said firm on 30 th…

CA Final · Indirect Tax Laws · RTP · November 2026
Answer the following questions: (i) Mr. Suresh, a partner in M/s Trinity & Co., a firm registered under GST, retired from the said firm on 30 th June by executing a retirement deed. The GST Consultant of the said firm was requested to file the said change with the appropriate GST Authority. The said consultant, however, intimated this change to the Department only on 15 th October. In the meanwhile, Suresh received a notice for demand of tax related to the month of September. Examine the liability of Mr. Suresh in respect of said notice in terms of the GST law. (ii) Rathore Ltd., registered in Maharashtra, purchased Product D as a merchant exporter from Shravan Ltd., a manufacturer registered in Maharashtra, at the concessional rate of tax of 0.05% CGST and 0.05% SGST applicable to such a supply. Product D was exported by Rathore Ltd. to Gates Inc. of USA next month. The Accountant of Rathore Ltd. is of the view that Rathore Ltd. cannot take credit of the concessional tax so paid by it and that it can export the goods only under LUT/bond and cannot export on payment of IGST. Is the view of the Accountant of Rathore Ltd. correct? Discuss.

Suggested Answer and Working Notes:

17. (i) Where any partner retires from the firm, he or the firm, shall intimate the date of retirement of the said partner to the Commissioner by a notice in that behalf in writing and such partner shall be liable to pay tax, interest or penalty due up to the date of his retirement whether determined or not, on that date. However, if no such intimation is given within 1 month from the date of retirement, the liability of such partner shall continue until the date on which such intimation is received by the Commissioner. Since, in the given case, intimation is not given within 1 month from the retirement date, Suresh is liable for liability till the date of intimation, which is 15 th October. (ii) A merchant exporter receiving goods at concessional rate of tax @ 0.1% (0.05% CGST + 0.05% SGST & 0.1% IGST) is eligible to take credit of the concessional tax so paid by him 6 . Further, he can: export under LUT/bond without payment of IGST and claim refund of unutilized ITC, or export on payment of IGST and claim refund of that IGST 7 . Thus, in the given case, Rathore Ltd. is eligible to take credit of the concessional tax paid by it. Further, it can export under LUT/bond without payment of IGST and claim refund of unutilized ITC or export on payment of IGST and claim refund of that IGST. Hence, the view of the accountant of Rathore Ltd. is incorrect.

Topics: Input Tax Credit, Refunds

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