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TMI BlogAmendment of Bengal Act VI of 1941 as in Force in DelhiX X X X Extracts X X X X X X X X Extracts X X X X ..... inside Delhi; or (B) for sale in the course of inter-State trade or commerce, being a sale occasioning, or effected by transfer of documents of title to such goods during the movement of such goods from Delhi; or (C) for sale in the course of export outside India being a sale occasioning the movement of such goods from Delhi, or a sale effected by transfer of documents of title to such goods effected during the movement of such goods from Delhi, to a place outside India and after the goods have crossed the customs frontiers of India; and ; (b) after section 12, the following sections shall be inserted, namely :- 12A. Liability in case of transfer of business. - Where a dealer, liable to pay tax under this Act, transfers his business in whol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l he has been notified by the Commissioner under sub-section (2), and on being so notified the liquidator shall set aside an amount equal to the amount notified and until he so sets aside such amount, he shall not part with any of the assets of the company or the properties in his hand : Provided that nothing contained in this sub-section shall debar the liquidator from parting with such assets or properties in compliance with any order of a court or for the purpose of the payment of the tax and penalty, if any, payable by the company under this Act or for making any payment top secured creditors whose debts are entitled under law to priority of payment over debts due to Government on the date of liquidation or for meeting such costs and ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irs of the company. (7) The provisions of this section shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force. (8) For the purposes on this section, the expressions company and private company shall have the meanings respectively assigned to them under clauses (i) and (iii) of sub-section (1) of section 3 of the Companies Act, 1956 (1 of 1956). 12C. Liability of partners of firm to pay tax. -Notwithstanding any contract to the contrary, where any firm is liable to pay any tax (including any penalty) under this Act, the firm and each of the partners of the firm shall be jointly and severally liable for such payment : Provided that where any such partner retires from the firm, he shal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cial Trustee or any Receiver or Manager (including any person, whatever be his designation, who in fact manages the business) appointed by or under any order of a court, the tax shall be levied upon and be recoverable from such Court of Wards, Administrator-General, Official Trustee, Receiver or Manager in like manner and to the same extent as it would be assessable upon and be recoverable from the dealer if he were conducting the business himself; and all the provisions of this Act shall, so far as may be, apply accordingly. 12F. Liability in other cases. - (1) Where a dealer is a firm or an association of persons or a Hindu undivided family, and such firm, association or family has discontinued business - (a) the tax payable under this Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d on by it and accordingly references in that sub-section to discontinuance shall be treated as references to dissolution or, as the case may be, to partition. (4) Where a dealer liable to pay tax under this Act dies, then - (a) if the business carried on by the dealer is continued after his death, by his legal representative or any other person, such legal representative or other person shall be liable to pay the tax (including penalty) due from the dealer under this Act whether such tax (including penalty) has been assessed before his death but has remained unpaid or is assessed after his death; (b) if the business carried on by the dealer is discontinued after his death, his legal representative shall be liable to pay out of the estate o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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