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The Gift-Tax Act, 1958

21. Liability in case of discontinued firm or association of persons.

  1. Where a firm or association of persons liable to pay gift-tax has been discontinued or dissolved, the Gift-tax Officer shall determine the gift-tax payable by the firm or association of persons as such as if no such discontinuance or dissolution had taken place.
  2. If the Gift-tax Officer, the Appellate Assistant Commissioner 2[,the commissioner (Appeals)] or the Appellate Tribunal in the course of any proceedings under this Act in respect of any such firm or other association of persons 1 Subs. by Act 58 of 1960, s. 3 and Sch. 11, for "on the amount of taxable gifts".2 Ins. by Act 29 of 1977, s. 39 & Sch. V (w.e.f. 10-7-1978) is referred to in sub-section (1) is satisfied that the firm or association is guilty of any of the acts specified in clause (a) or clause (b) or clause (c) of sub-section (1) of section 17, he or it may impose or direct the imposition of a penalty in accordance with the provisions of that section.
  3. Every person who was at the time of such discontinuance or dissolution a partner of the firm or a member of the association, as the case may be, shall be jointly and severally liable for the amount of tax or penalty payable, and all the provisions of Chapter VII, ,so far as may be, shall apply to any such assessment or imposition or

Gift-Tax Act, 1958 Back

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