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Section 93 of the CGST Act permits post-death determination of...
Post-death GST liability permits fresh proceedings against legal representatives, while discontinued-business recovery remains limited to the inherited estate.
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Section 93 of the CGST Act permits post-death determination of GST liability against a legal representative, including fresh proceedings where no notice or assessment began during the deceased person's lifetime. Where the business was discontinued, tax, interest and penalty are recoverable only from the inherited estate and only to the extent it can meet the charge; the heir's independent assets remain outside that liability. Where the business continued, liability depends on material establishing continuation by the representative or another person. Notices must be issued to the legal representative in that capacity, not to the deceased, and adjudication must comply with applicable limitation, hearing, reasoned-order and service requirements.
Section 93 of the CGST Act permits post-death determination of GST liability against a legal representative, including fresh proceedings where no notice or assessment began during the deceased person's lifetime. Where the business was discontinued, tax, interest and penalty are recoverable only from the inherited estate and only to the extent it can meet the charge; the heir's independent assets remain outside that liability. Where the business continued, liability depends on material establishing continuation by the representative or another person. Notices must be issued to the legal representative in that capacity, not to the deceased, and adjudication must comply with applicable limitation, hearing, reasoned-order and service requirements.
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