Example

A, taxable person, running business of providing placement services on which following were the liabilities as on 1.3.2018:
Tax: 3 lacs
Interest: 45,000
Penalty: 1 lacs

A died on 1.3.2018. B is the legal representative of A. Discuss the taxability of business dues if:
a. business is discontinued on 15.2.2018 (before death)
b. business is discontinued on 20.3.2018 (after death)
c. business is continued by Mr. B, the legal representative
d. business is continued by Mr. C, son of Mr. A

Answer

As per section 93(1) of the CGST Act,
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 to pay tax, interest or penalty due from such person under this Act; and
b) if the business carried on by the person is discontinued, whether before or after his death, his legal representative shall be liable to pay, out of the estate of the deceased, to the extent to which the estate is capable of meeting the charge, the tax, interest or penalty due from such person under this Act,

whether such tax, interest or penalty has been determined before his death but has remained unpaid or is determined after his death.
The total dues outstanding = Rs. 4, 45, 000
(Tax: 3 lacs + Interest: 45,000 + Penalty: 1 lacs)

a. B, the legal representative of Mr. A is liable to pay dues out of the Estate of Mr. A to the extent to which estate is capable of meeting dues of Rs. 4, 45,000.
b. B, the legal representative of Mr. A is liable to pay dues out of the Estate of Mr. A to the extent to which estate is capable of meeting dues of Rs. 4, 45,000.
c. B, the legal representative of Mr. A is liable to pay dues of Rs. 4, 45,000.
d. C, son of Mr. A, who is carrying on the business is liable to pay dues of Rs. 4, 45,000.