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GST team raids a dead person, who was doing business for last 1 year.

Firms running even after death of Proprietor. Ignorance or Evasion?

A late businessman was doing business for 11 months in Maharajganj.

GST team had received information that large scale tax evasion was going on in a garment shop in Maharajganj. In last six months, the GST team was collecting evidence by doing Reiki at the said shop on festivals and other occasions.

When the shop was inspected, it was found that the registration of the shop was in the name of the proprietor Shamshul Haq, who had died in March 2022, but no legal action was taken by the family in this regard.

For example, the name of the firm, name of the proprietor, account number etc. have not been changed. The business continued under the old name and address and account number. The firm has issued e-way bills by booking garments in bulk.

At the same time, another establishment was also found at the same place. Another firm was being operated in the name of Shamshul Haq's wife Najra Khatoon. GST has imposed a fine of Rs 5 lakh on this firm. 

TaxReply Comment:

In a similar situation after sudden death of a proprietor, when our team approached GST Officer for adding legal heir and closure of existing firm and also grant of new registration in the name of surviving son of deceased, GST officer advised us to continue with the existing firm only.

However our team did not agree and applied for new registration only.

When client informed bank to transfer overdraft facility from old firm to new firm, bank was also not aware of the procedure and rather asked to continue with the existing firm by adding a authorised signatory.

So we felt there is a wide ignorance about the procedure to be followed after death of proprietor in GST.

Is it wrong to do business in the name of the deceased?

Doing business in the name of a deceased person is wrong. A GST official told that if business is being done in the name of the deceased, then it comes under the category of economic offense a.......
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GST Raid

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Death of Proprietor

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Cancellation of GST Registration

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Author:

TaxReply


Feb 27, 2023

Comments


Please let me know what is the procedure to continue the business by the legal heir of a deceased proprietor?
By: Batmanabane | Dt: Apr 26, 2023


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