The ruling in brief
Where a notice and subsequent recovery order were issued in name of deceased sole-proprietor for fraud-related tax demands after death, such proceedings were void ab initio since SCN must be directed to legal representatives under legal-heir liability scheme, making determination against a non-existent person impermissible and vitiating demand and recovery actions based on such notice
Provisions considered
Section 74, read with Section 93 of Central Goods and Services Tax Act, 2017/West Bengal Goods and Services Tax Act, 2017
This summary is for general information and is not legal advice. Read the full decision and the applicable law before relying on it.