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LIABILITY TO PAY TAX IN CERTAIN CASES UNDER MODEL GST LAW

Goods and Services Tax - GST - By: - Mr. M. GOVINDARAJAN - Dated:- 5-1-2017 Last Replied Date:- 5-1-2017 - A taxable person is liable to register under the provisions of GST Act and pay the tax to the credit of either the Central Government or the State Government. Section 10 of the Model Goods and Services Tax Act, 2016 ( Act for short) defines the term taxable person as- A person who is registered or liable to be registered under Schedule V of the Act; A person who has obtained or is required .....

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s as detailed below- Liability in case of transfer of business - Section 127; Liability of agent and principal - Section 128; Liability in case of amalgamation/merger of companies - Section 129; Liability in case of company in liquidation - Section 130; Liability of directors of private company - Section 131; Liability of partners of firm to pay tax- Section 132; Liability of guardians, trustees etc., - Section - 133; Liability of court wards etc., - Section 134; Special provision regarding liab .....

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le wholly or to the extent of such transfer to pay the tax, interest or any penalty due from the taxable person up to the time of such transfer but has remained unpaid or is determined thereafter. The transferee of the said business is liable to pay the tax on the supply of goods and/or services by him with effect from the date of such transfer. He shall, if he is an existing taxable person apply within the prescribed time for amendment of his certificate of registration. Liability of agent and .....

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re companies are amalgamated or merged by the order of- Court; or Tribunal; or Central Government and the order is to take effect from a date earlier to the date of the order and any two or more of such companies have supplied or received any goods and/or services to or from each other during the period commencing on the date from which the order takes effect till the date of the order, then such transactions of supply and receipt shall be included in the turnover of supply or receipt of the res .....

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quidator will be appointed by the Court to take care of the company until the final dissolution of the company. Section 130 provides for the procedure in such a case for GST purpose as detailed below- Every person appointed as receiver of any assets of a company shall within 30 days after his appointment, give intimation of his appointment to the jurisdictional Commissioner; The Commissioner shall, after making such inquiry or calling for such information as he may deem fit, notify the liquidato .....

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a director of such company shall jointly and severally be liable for the payment of such tax, interest or penalty, unless he proves to the satisfaction of the Commissioner that such non recovery is not attributed to any gross neglect, misfeasance or breach of duty on his part in relation to the affairs of the company. Liability of directors of private company Section 131(1) provides that notwithstanding anything contained in the Companies Act, 2013, where any tax is due from a private company i .....

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ion 131(2) provides the liability of a private company which is converted into a public company. Where the tax us due and cannot be recovered from such private company, then Section 131(1) shall not be applicable to any person who was a director of such private company in relation to any t ax due in respect of any supply of such private company. Liability of partners of firm Partnership firm is not a judicial person. It is having unlimited liability on the partners. The same is applicable to GST .....

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month from the date of retirement. Such partner shall be liable to pay tax, interest or penalty due up to the date of his retirement, whether determined or not on that date. If no such intimation is given within one month from the date of retirement the liability of such partner shall continue until the date of on which such intimation is received by the Commissioner. Liability of guardians, trustees etc., Section 133 provides that where the business in respect of which any tax, interest or pena .....

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t or penalty is payable is under the control of the Court of Wards, the Administrator General, the Official Trustee or any receiver or manager appointed by or under any order of a court, the same shall be levied upon and recoverable from such Court of Wards etc., Liability in case of death of taxable person Section 135 provides the recovery of tax from the person who survives a death person. Section 135 (1) provides that where a taxable person dies then- if the business is continued after his de .....

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is death. Liability in case of HUF Section 135 (2) provides that where a taxable person is a HUF or an Association of person and the property of HUF or the association of person is partitioned amongst the various members then each member of the member or group of members shall or group of members shall jointly and severally be liable to pay the tax, interest or penalty due from the taxable person up to the time of partition whether such tax, penalty or interest has been determined before partiti .....

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