praveen (inspector) (64 Points)
19 February 2014What is liability of a proprietor in case of proprietorship firm?
We have to recover some tax dues( Octroi) from a proprietorship firm . The firm is shifted and not traceble but we have found the proprietor?
Can we demand tax from him?
pls support ur views with rlevent rules if possible.
thanks in advance
praveen
P C Agrawal
(Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad)
(8229 Points)
Replied 19 February 2014
Proprietor is personally liable for the dues of the proprietorship concern. His personal assets can be used for the same. There is no separate Act as such for proprietorship firm as in case of partnerships or companies. Proprietor has single PAN in his own name and single return is filed by him under IT Act for all his proprietorship concerns. Proprietorship concern is not a separate legal entity and it cannot be sued in its name nor can it sue others in its own name. It is only the proprietor who can sue or can be sued.
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