Act.

( l) When two or more companies are amalgamated or merged in pursuance of an order of court or of Tribunal or otherwise and the order is to take effect from a date earlier to the date of the order and any two or more or' such companies have supplied or received any goods or services or both to or from each other during the period commencing on the date from which the order takes effect till the date of the order, then such transactions of supply and receipt shall be included in the turnover of supply or receipt of the respective companies and they shall be liable to pay tax accordingly; (2) Notwithstanding anything contained in the said order, for the purposes of this Act, the said two or more companies shall be treated as distinct companies for the period up to Ole date of the said order and the registration certificates of the said companies shall be cancelled with effect from the date of the said order. Liability in case of amalgamation or :........J of companies. .._..,

of2016 88. (1) .W,hen any coin:vany is being wowid up whether under Y' the. 9!4?H; of, a cpllf!. 9r Tribunal· or: ?We?e. eyFry . perso? appointed as receiver of any ?set? of a company (here??er ip. this .sec?on referrefto ? .the "liqllida?or"; shall, within thirty days ?? .. his appointment, ,gj.v intimation ofhis appointment to the Commissioner. ' (2) The Commissioner shall,' after making such inquuf i»-, callmg forsuch information as ht may d? fit, nofffy1' the .liquidator within three months·irdm 'the datJ1bi --, which he receives intimation '.bf th?"'appomtment of''-: the, liquidator, the amount- which m, !lie opinion of the -: Cemmissioner wouldbe sufficientto·wo?.de for any tax, r' --. iateress.or penalty which is then, orJ?Jikely thereafterto become, payablebythe company. ·, r:l Li?lplity in case of cothpany in liquidation. of2013 (3)' · When::any privat?:cpmp?f is -wo\lll?- up'and any? · inte?est or penalty deter?? under this Act on dit, ,,f??J>any for any period, Wheter \)ef?re 0? ,in the CO';'fSe r : of?t ? its Jiq?clatiOJ1, ?not be/eCoVered, then every person who wasa dir?ftor of such tp1np'any at any time,_ during the period fol whicl\ the? w? due shall, j?intlt) ?d severally s . beliable for the p??ent of sue?--?: interest or penalty, 1JIDesshe proyes to the satisfaction of the Commissioner that Supt non-recovery cannot be a¥-buted toany gross negleft, Illisfeasahce or breach.?{,( duty on his part in relation to the affairs of the company .": 89. (1) - -Notwithstanding anything contain.ed in the Companies' · 'At£ 2013;where any tax, interest or penalty due from a private company in respe? of any supply of goods or services or both for any period canriot be recovered, then, eferf petson"who was a, director of the private company > duririg such period 'shall, jointly and severaUy, b? liable ;jfor the payment of such tax, interi? or penalty μnless he: P!oves that the npn-recoverfc?i ?e ?ttlibtite?}o ?y .gross neglect, rmsfeasance or breach of-duty on his pm in relation to,the affairs ofthe company. ' (2) Where a private company iscol\'W!tted into a public .,,icompanyandthetax,interestorpenaltyinrespectofahy· supply of goods or services or both for any period during ._,: 'w?ich such company was a, privat? company cannot' ' ;, be relovered before such con.v?on, then, -nothing contained in' sub-section (lJshaU'appfy to any person who wasa director of such private company in relation h0 to any tax:, interest or penalty ifl:respect of,such supply of 1•oigoods or services or both of such private'company: ?·· . .,:;':.,,: -? .., :\ c>:;, , Prqvkkd·that nothing,containt.d in,J:W,. sμh?section shall apply to any personal penalty imposed,on sqch director. I uibility of directors of private company.

of2016 Notwithstanding any contract to the contrary ?d any 'other law for.th? time bang in force, where any firJl'l is' liable to pay any t?x/inte?est or penalty under this Act, the .1irm ? each of th??e?r?f thefirm shall. · • j?intly and severally. be liable for sucn pay,mertt: .,. Provided that where any partner retires from the firm, he or the firm, ?all intimate the,date of fCtirement ofth? sai4 partner to :;:;:r?zn??!·?:::???=::?: .: ::d?1: date of his retiren;ient.whether determined or μot, on? ?: Provided further •uilt· if no such intimation is giVeti 'within one month from the date ? retirement, the liability of sudl• partner under the first proviso shall continue until the date M'Wbich'su.ch intimation is received by the