Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
Personal hearing requirements in GST adjudication were satisfied by prior opportunities and written submissions; appellate limitation received writ-pe...
The HC held that issuance of a show cause notice (SCN) to a deceased proprietor of a firm is impermissible, as section 93 contemplates liability only when the business continues or is discontinued post-death, and mandates issuance of notice to the legal representative. The provision does not authorize determination or recovery against a deceased individual. In the present case, since the SCN and determination were issued against the deceased without involving the legal representative, the actions were invalid. Consequently, the petition was allowed, and the determination against the deceased proprietor was set aside.
The HC held that issuance of a show cause notice (SCN) to a deceased proprietor of a firm is impermissible, as section 93 contemplates liability only when the business continues or is discontinued post-death, and mandates issuance of notice to the legal representative. The provision does not authorize determination or recovery against a deceased individual. In the present case, since the SCN and determination were issued against the deceased without involving the legal representative, the actions were invalid. Consequently, the petition was allowed, and the determination against the deceased proprietor was set aside.
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