Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

Power of Attorney Holder Not Liable After Principal's Death Under Rule 22 of CESTAT Procedure Rules

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The CESTAT held that a power of attorney (PoA) holder acts solely as an agent of the principal and is not the beneficial owner; the PoA terminates upon the principal's death. Since the sole proprietor was absolved of wrongdoing and no dues were adjudged, reviving proceedings against the PoA holder post the proprietor's death was impermissible. The appeal identified only the proprietorship firm as a respondent, not the PoA holder, precluding liability on the latter. Further, proceedings against the sole proprietorship abate upon the proprietor's death under Rule 22 of the CESTAT (Procedure) Rules, 1982, consistent with precedent holding that demands against deceased proprietors lapse absent enforcement mechanisms. Consequently, the appeal was disposed of, affirming that liability does not survive the proprietor's death and cannot be fastened on the PoA holder.....