9911796707
TMI BlogLIABILITY TO PAY IN CERTAIN CASESX X X X Extracts X X X X X X X X Extracts X X X X ..... he business is transferred shall, jointly and severally, be liable wholly or to the extent of such transfer, to pay the tax, interest or any penalty due from the taxpayer till the time of such transfer, whether or not such dues have been determined before such transfer. (III) Exclusive Liability of Transferee of Business from the date of transfer: The provisions of Section 85(2) of the CGST Act, 2017 stipulate that if the transferee of a business carries on such business either in his own name or in some other name, he shall be liable to pay tax on the supply of goods and/or services effected by him from the date of such transfer. (IV) Liability of agent and principal: As per Section 86 of the CGST Act, 2017, if an agent supplies or r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r his appointment. The Pr. Commissioner/Commissioner has to notify the Liquidator of the amount sufficient to provide for any tax, interest or penalty in FORM GST DRC-24, within 3 months. (ii) The Liability to pay dues of tax, interest or penalty lies on every person who was a Director of Private Company in case of Winding Up of Private Companies, unless he proves to the satisfaction of the Commissioner that such non-recovery cannot be attributed to any gross neglect or breach of duty on his part in relation to the affairs of the company. (iii) Provision of Companies Act, 2013 not applicable if it is in conflict with the above provision contained in CGST Act, 2017. (VIII) Liability of Directors of Private Company: Section 89(1) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itated person, the tax, interest or penalty payable shall be recoverable from such guardian, trustee or agent to the extent determined and recoverable from any such minor or incapacitated person. (XI) Liability of Court of Wards, etc.: Section 92 of the CGST Act, 2017 provides that if the estate or any portion of the estate of a taxpayer is under the control of the Court of Wards, the Administrator General, the Official Trustee or any receiver or manager appointed by a court, the tax, interest or penalty shall be recoverable from such Court of Wards, Administrator General, Official Trustee, receiver or manager. (XII) Section 93 of the CGST Act, 2017 contains special provision regarding liability to pay tax, interest or penalty in certai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... liable to the pay dues of tax, interest or penalty is a guardian of a ward or trustee, on whose behalf the business is carried on by the guardian or is a trustee who carries on the business under a trust for a beneficiary, and if the guardianship or trust is terminated, then the ward or the beneficiary shall be liable to pay such dues from the taxpayer upto the time of the termination of the guardianship or trust, whether such dues are determined before the termination of guardianship or trust or thereafter. (Ref: Section 93(4) of the CGST Act, 2017). (XIII) Liability in other cases: (i) Section 94 of the CGST Act, 2017 provides that if the taxpayer liable to pay is a firm or an association of persons or a HUF and the business is discon ..... X X X X Extracts X X X X X X X X Extracts X X X X
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