
Need CA advice on this Business Transfer Agreement (Proprietorship to Partnership) - ITC and Slump Sale Implications
Hi everyone, I am transitioning my sole proprietorship (an e-commerce D2C brand) into a partnership firm. I am drafting a Business Transfer Agreement (BTA) to transfer the business as a going concern to the new partnership.
I don't have a CA right now because I am running very low on funds and trying to bootstrap this transition. I would really appreciate some expert eyes on a couple of specific clauses before I proceed.
My main questions:
Regarding Clause 3: Does a specific monetary value need to be written here for Section 50B (Slump Sale) tax purposes, or is simply stating it will be booked as a "capital contribution" enough?
Regarding Clause 5: Are there any practical hurdles or specific compliance checks I need to worry about when transferring the GST ITC via Form GST ITC-02 from my proprietorship to the new partnership?
Stamp Duty: What value stamp paper should this agreement be printed on (the business is located in Rajasthan)? Does stamp duty depend on the value of the assets transferred in a BTA?
Here is the draft:
https://docs.google.com/document/d/1J3ClyxLeu1eqfZ1wiv--HIxofJoGRaSEZFWOErLFElQ/edit?usp=sharing