TFT Private Ltd. has been declared insolvent by the order of court and the same company is going under liquidation process. Advise the directors of…

CA Final · Indirect Tax Laws · MTP · May 2025
TFT Private Ltd. has been declared insolvent by the order of court and the same company is going under liquidation process. Advise the directors of that company about the provisions relating to liability for GST in case of company in liquidation.

Suggested Answer and Working Notes:

The provisions relating to liability for GST in case of company in liquidation provided under section 88 of the CGST Act, 2017 are:- Where any company is being wound up whether under the orders of a court or Tribunal or otherwise, every person appointed as a liquidator/receiver of assets of a company shall give the intimation of his appointment to the Commissioner within 30 days of his appointment.The Commissioner shall ascertain the amount which in the opinion of the Commissioner would be sufficient to provide for any tax, interest or penalty which is then, or is likely thereafter to become, payable by the company.He shall communicate the details of amount to the liquidator within 3 months of the receipt of intimation of appointment of liquidator.When any private company is wound up and any tax, interest or penalty determined under the CGST Act on the company for any period, whether before or in the course of or after its liquidation, cannot be recovered, then every person who was a director of such company at any time during the period for which the tax was due shall, jointly and severally, be liable for the payment of such tax, interest or penalty. However, director shall not be liable if he proves to the satisfaction of the Commissioner that the non-recovery cannot be attributed to any gross neglect, misfeasance or breach of duty on his part in relation to the affairs of the company.

Topics: Liability to pay tax in Certain Cases

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