Section 93 Kerala GST Ordinance 2017 : Special provisions regarding liability to pay tax, interest or penalty in certain cases

By | September 28, 2017
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(Last Updated On: September 28, 2017)

Section 93 Kerala GST Ordinance 2017

[ Section 93 Kerala GST Ordinance 2017 explains Special provisions regarding liability to pay tax, interest or penalty in certain cases  and is covered in CHAPTER XVI LIABILITY TO PAY IN CERTAIN CASES ]

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 (Central Act 31 of 2016), where a person, liable to pay tax, interest or penalty under this Ordinance, dies, then, —

(a)if a business carried on by the person is continued after his death by his legal representative 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 Ordinance; 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 Ordinance, 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 (Central Act 31 of 2016), where a taxable person, liable to pay tax, interest or penalty under this Ordinance, 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 Ordinance 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 (Central Act 31 of 2016), where a taxable person, liable to pay tax, interest or penalty under this Ordinance, 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 Ordinance 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 (Central Act 31 of 2016), where a taxable person liable to pay tax, interest or penalty under this Ordinance, —

(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 up to 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.


Kerala GST Ordinance 2017

Kerala GST Rules 2017

Kerala GST Notifications

Kerala GST Rate Notifications

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