211.            Abc Pvt Ltd, a private company was ordered to be wound up on 1.5.2017 by court & the liquidation proceedings were initiated. The tax was due for the period 1.1.2017-30.4.2017. Following were the liabilities arisen on:

a.                   before liquidation- 2 lacs

b.                  during liquidation- 1 lacs

c.                   after liquidation- 5 lacs

 

Discuss the taxability for such dues if:

i.                        A is director on 1.5.2017

ii.                        B, director of company, resigned on 15.12.2016

iii.                        C, director of company, resigned on 15.3.2017

iv.                        D, director of company, proves that there was no negligence/ misfeasance/ breach of duty on his part in relation to affairs of company

v.                        E was appointed as director on 1.2.2017

vi.                        F was appointed as director of company on 1.6.2017

 

As per section 88(3) of the CGST Act, every director of the company during at any time during the period for which the tax was due shall jointly & severally liable to pay Tax/ Interest/ Penalty, unless he proves to the satisfaction of the commissioner that such non-recovery cannot be attributed to any gross neglect, mis feasance or breach of duty on his part in relation to the affairs of the company.

(a)  A is jointly & severally liable to pay.

(b) B left the company before the tax liability arouse, thus, he is not liable to pay such tax liability.

(c) C was the director of the company during the period when tax liability has arisen. Thus, he is jointly & severally liable.

(d) D, is not liable as there was no negligence/ misfeasance/ breach of duty on his part in relation to affairs of company

(e) E was appointed as director on 1.2.2017. Since he was director during such period of tax due, thus, he is jointly & severally liable.

(f) F was appointed on 1.6.2017 & tax was due for period before his appointment. Thus, F is not liable for tax which was due before his appointment.

(Directors A, C and E jointly and severally liable to pay dues of Rs. 8 lac.)