Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

Comments

Print   |    |  Comment

PJ/Case Laws/2012-13/1490

Demanding excise duty from the legal heirs of deceased proprietor is not legal.

Case:- COMMISSIONER OF C. EX., CHANDIGARH Versus SHREE AMBICA STEEL INDUSTRIES
 
Citation:- 2013 (288) E.L.T. 420 (Tri.-Del.)
                                                                                                                    
Brief Facts:-M/s. Ambica Steel Industries was sole proprietorship concern of one Smt. Bimla Devi. She died on 17-9-2006. Her legal heirs after her death got registration of the respondent under the Excise Act cancelled vide letter dated 18-10-2006. At the time of cancellation of registration, they submitted an undertaking to the de­partment, which is reproduced thus:- "That Smt. Bimla Rani W/o Sh. Mohinder Kumar who was the sole pro­prietor of M/s. Shri Ambica Steel Industries, Amloh Road, Mandi Gobind­garh, expired on 17-9-2006. That we are the legal heirs of all the assets and liabilities of late Smt. Bimla Rani. That we un-conditionally undertake to pay all the pending Central Excise Duty liability of M/s. Shri Ambica Steel Industries, Amloh Road, Mandi Gobindgarh as and when these dues are finally settled. That we undertake not to dispose of the assets till the Central Excise Duty liability is finally settled." Pursuant to the application and undertaking, registration of the re­spondent-company was cancelled. Subsequently, a show cause notice was issued in the name of the respondent-company raising a Cenvat credit on the premise that the respondent-company during the period April, 2005 to Feb., 2006 had wrongly availed Cenvat credit in respect of the inputs not received in the factory. The demand was ultimately confirmed by the jurisdictional Addl. Commissioner vide order-in-original.
 
Appellant Contentions:-The Revenue had challenged the impugned order on the ground that the Commissioner (Appeals) have wrongly dropped the demand ignoring the fact that at the time of getting the registration of the respondent-company cancelled, the legal heirs of the proprietor of the respon­dent-company submitted unconditional undertaking to pay all the pending cen­tral excise duty dues of the respondent-company and also not to dispose of the assets of the company till the central excise duty liability is finally settled. Revenue is contended that by filing that undertaking, the legal heirs of the respondent took upon themselves of the duty liability of the respondent-company. As such, now they cannot be allowed to contend that the demand has been wrongly confirmed against them.

Respondent Contentions:-The respondent on the con­trary has pressed for dismissal of appeal. Respondent contends that it is well settled that the recovery proceedings against a deceased assessee cannot be initiated and maintained. Admittedly, in this case sole proprietor of the respondent-company died in September, 2006 and with her death, the company became non ­functional. It is submitted that the undertaking was given by the legal heirs of the deceased Bimla Rani on the insistence of the Excise Authorities and said undertaking related only to existing excise duty liability or some pending demand under adjudication. Ld. Counsel submits that show cause notice raising demand was issued much after the undertaking given by the legal heirs of Smt. Bimla Devi (sic), sole proprietor of the assessee-firm, as such it cannot be termed as demand pending adjudication when the undertaking was given. Thus it is pleaded that the Commissioner (Appeals) have rightly allowed the appeal of the respondent-company.

Reasoning of Judgment:-We have considered the rival contentions and perused the records. Undisputedly, late Smt. Bimla Rani was the proprietor of the respondent-firm M/s. Shree Ambica Steel Industries. She died and after her death the legal heir applied for cancellation of Excise registration in the name of the firm and the registration was admittedly cancelled by the Department in Octo­ber, 2006. It is well settled that a sole proprietorship concern has no legal entity independent of its proprietor. Thus it is obvious that the death of the respondent-company ceased to exist. That being the case, the relevant show cause notice issued to M/s. Shree Ambica Steel Industries, Mandi Gobindgarh is bad in law as it was issued against any non-existent firm. This circumstance in itself is sufficient to dismiss the appeal filed by the Depart­ment. Coming to the undertaking by the legal heir of sole proprietor of the respondent-firm on perusal of the undertaking reproduced above, we find that legal heir of the deceased sole proprietor of the respondent-firm had undertaken to pay all the pending central excise liability of the respondent-firm as and when the dues are finally settled. From this it is evident that the undertaking was given in respect of pending dues under dispute. In the instant case, the show cause no­tice raising demand was issued almost three years after the undertaking. This imply that the dispute pertaining to the demand in question was raised much after the undertaking as such the demand which is subject matter of the show cause notice cannot be termed as pending as covered by the undertak­ing given by the legal heir. That being the case, we are of the view that there was no reason for issue of show cause notice against non-existing firm. As such, the demand confirmed on the basis of aforesaid show cause notice cannot be sus­tained. We do not find any infirmity in the order-in-appeal setting aside the or­der-in-original and dropping the demand.
 
Decision:-Appeal dismissed.
 
Comment:-The substance of this case is that demand cannot be raised against the legal heirs when the sole proprietor of the proprietorship concern expired and demand was raised much after the death of the deceased due to the sole reason that proprietor and proprietorship concern are single entity.

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com