2025 (4) TMI 1642

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....ivastava For the Respondent : C.S.C., Ankur Agarwal (S.C.) ORDER 1. This petition is directed against order dated 19.04.2024 passed under Section 73 of the Goods and Services Tax Act, 2017 (for short 'the Act') wherein a demand of Rs. 1,44,270/- has been raised in the name of Ashok Kumar. 2. The petitioner Sushil Kumar Kesarwani, son of deceased Ashok Kumar has filed the petiti....

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....hat once the Department was well aware of the fact that Ashok Kumar, proprietor of the firm has already died and the registration of the firm has already been cancelled, there was no occasion for issuing a show cause notice in the name of the deceased and as the proceedings have been conducted in the name of the deceased Ashok Kumar, the same are void ab initio and, therefore, the order impugned d....

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....r penalty in certain cases: (1) Save as otherwise provided in the Insolvency and Bankruptcy Code, 2016 (31 of 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 t....

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...., the provision does not deal with the fact as to whether the determination at all can take place against a deceased person and the said provision cannot and does not authorise the determination to be made against a dead person and recovery thereof from the legal representative. 8. Once the provision deals with the liability of a legal representative on account of death of the proprietor of the....