Liability to pay tax, interest or penalty in certain cases, Sec 93 CGST Act

 

 

Sec 93 Special provisions regarding liability to pay tax, interest or penalty in certain cases, of CGST Act, 2017

 

The below post explains about Special provisions regarding liability to pay tax, interest or penalty in certain cases under section 93 of CGST Act,2017.

 

Section 93 of CGST Act, 2017 explains Special provisions regarding liability to pay tax, interest or penalty in certain cases as below: (The amendments if any will also be updated here soon).

 

The extract of Section 93 of CGST Act,2017 quoted below:

 

93  Special provisions regarding liability to pay tax, interest or penalty in certain cases.

 

93. (1) Save as otherwise provided in the Insolvency and Bankruptcy Code, 2016,

where a person, liable to pay tax, interest or penalty under this Act, dies, then––

(a) if a business carried on by the person is continued after his death by his legal

Special provisions regarding liability to pay tax, interest or penalty in certain cases, Section 93 of CGST Act, 2017representative or any other person, such legal representative or other person, shall be

liable to pay tax, interest or penalty due from such person under this Act; and

(b) if the business carried on by the person is discontinued, whether before or

after his death, his legal representative shall be liable to pay, out of the estate of the

deceased, to the extent to which the estate is capable of meeting the charge, the tax,

interest or penalty due from such person under this Act,

whether such tax, interest or penalty has been determined before his death but has remained

unpaid or is determined after his death.
(2) Save as otherwise provided in the Insolvency and Bankruptcy Code, 2016, where a

taxable person, liable to pay tax, interest or penalty under this Act, is a Hindu Undivided

Family or an association of persons and the property of the Hindu Undivided Family or the

association of persons is partitioned amongst the various members or groups of members,

then, each member or group of members shall, jointly and severally, be liable to pay the tax,

interest or penalty due from the taxable person under this Act up to the time of the partition

whether such tax, penalty or interest has been determined before partition but has remained

unpaid or is determined after the partition.

 

 

(3) Save as otherwise provided in the Insolvency and Bankruptcy Code, 2016, where a

taxable person, liable to pay tax, interest or penalty under this Act, is a firm, and the firm is

dissolved, then, every person who was a partner shall, jointly and severally, be liable to pay

the tax, interest or penalty due from the firm under this Act up to the time of dissolution

whether such tax, interest or penalty has been determined before the dissolution, but has

remained unpaid or is determined after dissolution.

(4) Save as otherwise provided in the Insolvency and Bankruptcy Code, 2016, where a

taxable person liable to pay tax, interest or penalty under this Act,––

(a) is the guardian of a ward on whose behalf the business is carried on by the

guardian; or

(b) is a trustee who carries on the business under a trust for a beneficiary,

then, if the guardianship or trust is terminated, the ward or the beneficiary shall be liable to

pay the tax, interest or penalty due from the taxable person upto the time of the termination

of the guardianship or trust, whether such tax, interest or penalty has been determined

before the termination of guardianship or trust but has remained unpaid or is determined

thereafter.

 

The above information clarifies about Special provisions regarding liability to pay tax, interest or penalty in certain cases under section 93 of CGST Act,2017.  

 

If you have any comments about Section 93 of CGST Act, 2017 explaining Special provisions regarding liability to pay tax, interest or penalty in certain cases, share below your thoughts:

 

 

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