No. Both agent and principal are jointly and severally liable to pay the tax on such transactions.
(ICAI FAQ PUBLICATIONS 06-09-2017 Liability of agent and principal : FAQ NO. 4)
Whether agent is liable for tax in case of transaction made by him on behalf of the principal
Yes. When an agent supplies or receives any taxable goods on behalf of the principal both agent and principal are jointly and severally liable in respect of tax payable on such goods.
(ICAI FAQ PUBLICATIONS 06-09-2017 Liability of agent and principal : FAQ NO. 3)
Whether the transferor of business is liable to pay tax / interest / penalties even in respect of the transactions undertaken after the transfer of business
No. The transferor of business is liable to pay tax / interest / penalties arisen (whether determined prior to transfer or post transfer) up to the date of transfer of business.
(ICAI FAQ PUBLICATIONS 06-09-2017 Liability in case of transfer of business : FAQ NO. 2)
In case of transfer of business, the transferor will be liable for the payment of tax, interest and penalty
Yes, the transferor and the transferee shall be jointly and severally, be liable to wholly or to the extent of such transfer, to pay the tax, interest or penalty which was due for the period prior to the date of transfer. Such tax liability, interest and penalty may be determined either prior to the date of transfer or thereafter.
(ICAI FAQ PUBLICATIONS 06-09-2017 Liability in case of transfer of business : FAQ NO. 1)
What happens in cases where the tax demand confirmed is reduced in appeal / revision proceedings
The Commissioner shall issue order for reduction of any demand in Form GST DRC-25 to the taxable person and the appropriate authority with whom the recovery proceeding is pending. The recovery proceedings already initiated prior to the disposal of such appeal/revision may be continued in relation to the amount so reduced from the stage at which such proceedings stood immediately before such disposal.
(ICAI FAQ PUBLICATIONS 06-09-2017 Continuation and validation of certain recovery proceedings : FAQ NO. 59)
What happens in cases where the tax demand confirmed is enhanced in appeal / revision proceedings
The Commissioner shall issue order for enhancement of any demand in Form GST DRC-25. In so far as the amount already confirmed prior to disposal of appeal/revision, the recovery proceedings may be continued from the stage at which such proceedings stood immediately before such disposal.
(ICAI FAQ PUBLICATIONS 06-09-2017 Continuation and validation of certain recovery proceedings : FAQ NO. 58)
Is there an expiry for the provisional attachment order issued under section 83
Yes. Every provisional attachment order shall cease to have effect after the expiry of one year from the date of such order.
(ICAI FAQ PUBLICATIONS 06-09-2017 Provisional attachment to protect the revenue in certain cases : FAQ NO. 57)
Under what circumstances the property of a taxable person provisionally attached be released
The property of a taxable person provisionally attached be released under the following circumstances: (a) Where the property attached is of perishable or hazardous nature, and if the taxable person pays an amount equivalent to the market price of such property or the amount that is or may become payable by him, whichever is lower, then such property shall be released forthwith by an order in Form GST DRC-23, on proof of payment.
(b) Any person whose property is attached may, within 7 days of such attachment, file an objection to the effect that the property attached was or is not liable to be attached, and the Commissioner may, release the said property by an order in Form GST DRC-23 after giving an opportunity of personal hearing to the person filing the objection.
(c) The Commissioner may, upon being satisfied that the property was, or is no
longer liable for attachment, release such property by issuing an order in Form GST DRC-23.
(ICAI FAQ PUBLICATIONS 06-09-2017 Provisional attachment to protect the revenue in certain cases : FAQ NO. 56)
Whether property of a taxable person can be provisionally attached to protect the revenue
Yes. During the pendency of any proceedings under section 62, 63, 64, 67, 73 or 74, the Commissioner shall pass an order in Form GST DRC-22 to attach any property including bank account belonging to a taxable person provisionally for the purpose of protecting the interest of the Government revenue.
(ICAI FAQ PUBLICATIONS 06-09-2017 Provisional attachment to protect the revenue in certain cases : FAQ NO. 55)
Whether any amount payable by the taxable person under this Act is a first charge on his property
Yes. Notwithstanding anything to the contrary contained in any law for the time being force, save as otherwise provided in the Insolvency and Bankruptcy Code, 2016, first charge shall be on –
(a) the property of taxable person in respect of any amount payable by such taxable person, or
(b) the property of any other person on account of tax, interest or penalty which he is liable to pay to the Government.
(ICAI FAQ PUBLICATIONS 06-09-2017 Tax to be first charge on property: FAQ NO. 54)