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LIABILITY TO PAY TAX IN CERTAIN CASES PART-1

Goods and Services Tax - GST - By: - Dr. Sanjiv Agarwal - Dated:- 20-10-2016 - Chapter XXII of the Model Law contains Chapter XXII comprising of sections 108 to 115 which deal with liability to pay GST in eight special cases as follows : Section Liability 108 Liability in case of transfer of business 109 Liability in case of amalgamation / merger of companies 110 Liability in case of company in liquidation 111 Liability of partners of firm to pay tax 112 Liability of guardians, trustees etc 113 .....

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ve and license, hire, or in any other manner, then such person and the person to whom the business is transferred shall jointly and severally be liable to pay the tax, interest or penalty due from the taxable person up to the time of such transfer, whether such dues has been determined before such transfer, but has remained unpaid or is determined after such transfer. The liability of transferee shall be automatic irrespective of : Consideration Mode and manner of transfer Transfer in whole or p .....

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on taxable supply of goods and / or services Business transfers covered under section 109 would inter alia include - Sale, Gift, Lease, Leave and license Hire, or In any other manner (e.g. , exchange, rental, disposal etc.) Amalgamation or merger of companies With effect from the date of order of merger or amalgamation of two or more companies, the liability to pay tax, interest and penalty for the period thereafter shall be of entity which emerges after such merger or amalgamation, as the case .....

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