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Section 93 – Special provisions regarding liability to pay GST under CGST Act 2017

Detail analysis of notified Rules and the provisions of Section 93 (Special provisions regarding liability to pay tax, interest or penalty in certain cases) of the Central Goods and Services Tax (CGST) Act, 2017.

Chapter XVI (Sections 85-94) of the Central Goods and Services Tax (CGST) Act, 2017 deals with provisions related to Liability to Pay in Certain Cases. Section 93 of Central Goods and Services Tax Act, 2017 (12 of 2017) provides for Special provisions regarding liability to pay tax, interest or penalty in certain cases under CGST Act 2017.

Recently, we have discussed in detail section 92 (i.e. Liability of Court of Wards, etc.) of CGST Act 2017. Today, we learn the provisions of section 93 of the CGST Act 2017. Complete Details of CGST Section 93 – Special provisions regarding liability to pay tax, interest or penalty in certain cases. You may CLICK HERE to download list of all sections of CGST Act 2017 in PDF format.

Notes on Section 93 of CGST Act 2017

Section 93 of CGST Act 2017 shall come into force on 01.07.2017 vide Notification No. 9/2017 – Central Tax, G.S.R. 658(E), dated 28.06.2017. In this note, you will learn detail of the provisions of section 93 of CGST Act 2017 read with Central GST Rules 2017.

Section 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 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 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.

Section 93(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.

Section 93(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.

Section 93(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.

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