Amendment status not verified — confirm the current text below against the official source.
Any assessment of tax or determination of interest made under this Act shall be without prejudice to any prosecution instituted for an offence under this Act. 53.-(1)-Where a.dealer is a Hindu undivided family, firm or other association of persons, and such family, firm or association is partitioned, disrupted or dissolved, as the case may be,— (a) the tax, penalty or interest payable under this Act by such family, firm or association of persons for the period up to the date of such partition, disruption or dissolution shall or assessed, imposed or determined as if no such partition, disruption or dissolution had taken place and all the provisions of this Act, shall apply accordingly, and (b) every person who was, at the time of such partition, disruption or dissolution, a member of the Hindu undivided family, partner of a firm or member of an association of persons, and the legal representative of any such person, who is deceased, shall, notwithstanding such partition, disruption or dissolution, be jointly and severally liable for the payment of . the tax, penalty or interest payable under this Act by such family, firm or association of persons for the period up to the date of such partition, disruption or dissolution, whether assessment of such tax, imposition of such penalty or determination of such interest is made prior to, or after, such partition, disruption or dissolution. (2) Where a dealer carrying on a business as the sole proprietor dies and the business is partitioned, disrupted or discontinued upon his death, the executor or administrator of, or the legal heir to, the estate of such deceased dealer shall pay tax, penalty or interest payable by, or due from, such deceased dealer out of such estate; and such executor, administrator or legal heir shall, notwithstanding the provisions of clause (11) of section 2 be deemed to be a dealer under this Act for the purposes of assessment of tax, determination of interest, and payment, recovery and refund of tax or interest, and all the provisons of this Act relating to appeal, revision or review in respect of the tax assessed or interest determined, shall apply accordingly. PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 27, 2004 33 The West Bengal Value Added Tax Act, 2003. (Chapter Via—Recovery of tax, penalty and interest and refund.—Sections 54, 55.) CHAPTER VIII Recovery of tax, penalty and interest and refund Certain transfers of immovable property by a dealer to be void. Recovery of tax, penalty and interest, appointment of Tax Recovery Officer, etc.