Rule 41A of the CGST Rules, 2017

From the IndiaAuditLens Law Library

GST›CGST Rules, 2017›Chapter V, Input Tax Credit

At a glance

Entitlement and conditions

  • Rule 41A(1), proviso and ExplanationCredit transfers follow the ratio of assets held by the new entities at registration. The entire business asset value counts, regardless of whether input tax credit was availed.

Procedure, powers and definitions

  • Rule 41A(1)The transferor furnishes FORM GST ITC-02A within thirty days of obtaining separate registrations to transfer all or part of unutilised credit to any or all newly registered places.
  • Rule 41A(2)The new registrant accepts the transfer details on the portal, after which the stated credit enters its electronic credit ledger.
  • Rule 41A(1)The law does not settle which grant starts the thirty-day period when the separate registrations were obtained on different dates.

A person obtaining separate registrations for business places under rule 11 has an option to transfer all or part of unutilised credit to newly registered places. Rule 41A requires FORM GST ITC-02A within thirty days and allocates credit by asset value at registration. The value includes assets without credit. The transferee’s electronic acceptance precedes the credit entry in its ledger.[1]

Text

The text below is the rule as served by the CBIC tax information portal on 17 September 2026, with the portal's own amendment footnote markers (shown as small numerals before a bracket) and its footnotes.[1] The Rules as published in the Gazette of India is the legal source.

Rule 41A, verbatim (show)

1[Rule 41A. Transfer of credit on obtaining separate registration for multiple places of business within a State or Union territory.-

(1) A registered person who has obtained separate registration for multiple places of business in accordance with the provisions of rule 11 and who intends to transfer, either wholly or partly, the unutilised input tax credit lying in his electronic credit ledger to any or all of the newly registered place of business, shall furnish within a period of thirty days from obtaining such separate registrations, the details in FORM GST ITC-02A electronically on the common portal, either directly or through a Facilitation Centre notified in this behalf by the Commissioner:

Provided that the input tax credit shall be transferred to the newly registered entities in the ratio of the value of assets held by them at the time of registration.

Explanation. - For the purposes of this sub-rule, it is hereby clarified that the 'value of assets' means the value of the entire assets of the business whether or not input tax credit has been availed thereon.

(2) The newly registered person (transferee) shall, on the common portal, accept the details so furnished by the registered person(transferor) and, upon such acceptance, the unutilised input tax credit specified in FORM GST ITC-02A shall be credited to his electronic credit ledger.]

1. Inserted (w.e.f. 01.02.2019) vide Notification No.03/2019-CT dated 29.01.2019.

Questions to answer on the file

Questions a reviewer answers from the engagement file, grouped by the part of the rule they come from. They describe what the rule asks; they do not decide it.

Selected transfer setting 41A(1)

Questions to answer on the file3 questions
Ticks stay in this browser only.

Furnishing form, manner and thirty days 41A(1)

Questions to answer on the file9 questions
Ticks stay in this browser only.

Literal proposed allocation arithmetic 41A(1) proviso and Explanation

Questions to answer on the file3 questions
Ticks stay in this browser only.

Reserved population and anchor questions 41A(1) and proviso

Questions to answer on the file4 questions
Ticks stay in this browser only.

New transferee acceptance 41A(2)

Questions to answer on the file2 questions
Ticks stay in this browser only.

Posting after acceptance 41A(2)

Questions to answer on the file5 questions
Ticks stay in this browser only.

Amendment history

The CBIC text carries 1 footnote. The table gives each in the source's own terms. Effective dates are as the footnotes state them.[1]

Amendments to Rule 41A as footnoted in the CBIC text
NoteChange
1Inserted (w.e.f. 01.02.2019) vide Notification No.03/2019-CT dated 29.01.2019.[2]
Provisions connected to Rule 41A
ProvisionConnectionWords that tie them
Rule 11this provision requires Rule 1141A(1) "in accordance with the provisions of rule 11"
Section 25 of the CGST Act, 2017Section 25 of the CGST Act, 2017 prescribed by this provision25(2) proviso "a separate registration for each such place of business, subject to such conditions as may be prescribed"

Circulars and notifications

Circulars and notifications in the CBIC repository that cite this rule, newest first, by number, date and subject. A listing here does not say what an instrument decides; read the instrument.

Notifications (1)

NumberDateSubject
Notification No. 03/2019-Central Tax29 January 2019Seeks to amend the CGST Rules, 2017.

Unsettled questions

The words of Rule 41A do not answer this question. Where one decides a matter on the file, the answer depends on the position taken on it.

  1. Which grant anchors the thirty days where identified separate registrations were obtained on different dates?

See also

References

  1. Central Board of Indirect Taxes and Customs. "Rule 41A. Transfer of credit on obtaining separate registration for multiple places of business within a State or Union territory". Central Goods and Services Tax Rules, 2017, CBIC tax information portal, with amendment footnotes 1 to 1. Retrieved 17 September 2026.
  2. Notification No. 03/2019-Central Tax, dated 29 January 2019: Seeks to amend the CGST Rules, 2017. Cited in CBIC footnote 1.

External links