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Section 19

The Tashi Namgyal Academy Board Act,1983State Act of Sikkim · Act 8 of 1993

(1) Notwithstandingariything contained to the contrary in any agreement, contract or understanding, when the ownership of a business of a dealer liable to pay tax under this I Act, is transferred in whole or in part, the transferor or the transferee shall be jointly or severally liable for informing the particulars of the transfer to the prescribed authority in such manner as may be prescribed and for the payment of any tax, penalty or interest. if any, payable in respect of such business and remaining unpaid at the time of such transfer.

(2) Where a dealer from whom any amount is due towards tax, penalty or interest dies, the executor, receiver, manager, administrator or successors-in-interest to his estate or any other legal representative including a Court of Warde shall be liable to inform the prescribed authority in such manner as may be prescribed and to payout of the property of the deceased the amount so payable and shall also be liable and responsible to attend and participate or be represented in all proceedings under this Act pending at the time of the death of the dealer:

Provided that nothing in this sub-section shall require re-issue of notices or intimation already issued to tbe dealer and the proceedings pending on the date of death of the dealer shall be continued as if the said dealer is substituted by the person or persons mentioned in this sub-section.

(3) Where the dealer is a minor or rs incapacitated and his business is carried on by any other person on bis behalf, whether he be a guardian, trustee or agent, such person shall inform the prescribed authority and the tax shall be assessed upon and be recoverable from such person as if he were the dealer.

(4) Where the dealer is an Undivided Hindu Family, firm or other association of persons, and such family, firm or association is partitioned, dissolved or business thereof is.

due to any reason, disrupted, as the case may be, the tax, penalty and interest for the period or periods upto the date of such partition, dissolution or disruption may be assessed, imposed and levied .as if the partition, dissolution or disruption has not taken. place and every person: who was at Liability on the transfer of business.

the time of such partition, dissolution or disruption a member of such family, firm or association shall be liable severalIy and jointly for furnishing such particulars as may be prescribed and for the payment of such tax, penalty or interest, whether the assessment, imposition or levy was made before ot after such partition, dissolution or disruption.

CHAPTER VII SUITS, APPEAL, REVISlON AND REVIEW.

Where this provision sits

ActThe Tashi Namgyal Academy Board Act,1983
Section19
JurisdictionState of Sikkim
StatusIn force as published by the source

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