Section 62 in The Police Enhanced Penalties Ordinance, 2005
62. Liability to pay tax in case of death.
(1)Where a dealer, liable to pay a tax under the Act, dies then, -(a)if the business carried on by the dealer is continued after his death by his legal representative or any other person, such legal representative or other person shall be liable to pay tax including any penalty, sum forfeited and interest due from such dealer under the Act or under any other law, in the like manner and to the same extent as the deceased dealer, and(b)if the business carried on by the dealer is discontinued whether before or after his death, his legal representative shall be liable to pay out of the estate of the deceased, in the like manner and to the same extent as the deceased dealer would have been liable to pay if he had not died, the tax including any penalty, sum forfeited, and interest due from such dealer under the Act or under any other law, whether such tax including any penalty, sum forfeited and interest has been assessed before his death but has remained unpaid, or is assessed after his death.(2)Where a dealer, liable to pay tax under the Act, is a Hindu undivided family and the joint family property is partitioned amongst the various members or group of members then each member or group of members shall be jointly and severally liable to pay the tax including any penalty, sum forfeited and interest due from the dealer under the Act or under any other law, up to the time of partition, whether such tax including any penalty, sum forfeited and interest has been assessed before partition but has remained unpaid, or is assessed after partition.(3)Where a dealer, liable to pay tax under the Act, is a firm, and the firm is dissolved, then every person or partner shall be jointly and severally liable to pay to the extent to which he is liable under section 64, the tax including any penalty, sum forfeited and interest due from the firm under the Act or under any other law up to the time of dissolution, whether such tax including any penalty, sum forfeited and interest has been assessed before such dissolution but has remained unpaid or is assessed after dissolution.(4)Where a dealer, liable to pay tax under the Act, transfers or otherwise disposes of his business in whole or in part, or effects any change in the ownership thereof, in consequence of which he is succeeded in the business or part thereof by any other person, the dealer and the person succeeding shall jointly and severally be liable to pay the tax including any penalty, sum forfeited and interest due from the dealer under the Act or under any other law, up to the time of such transfer, disposal or change, whether such tax including any penalty, sum forfeited and interest has been assessed before such transfer, disposal or change but has remained unpaid, or is assessed thereafter.(5)Where the dealer, liable to pay tax under the Act, -(a)is the guardian of a ward on whose behalf the business is carried out by the guardian; or(b)is a trustee who carries on the business under a trust for the beneficiary, then,-if the guardianship or the trust is terminated, the ward or, as the case may be, the beneficiary shall be liable to pay the tax including any penalty, sum forfeited and interest due from the dealer up to the time of termination of the guardianship or trust, whether such tax including any penalty, sum forfeited and interest has been assessed before the termination of the guardianship or trust, but has remained unpaid, or is assessed thereafter.(6)Where a dealer, liable to pay tax under the Act, is succeeded in the business by any person in the manner described in clause (a) of sub- section (1) or in sub-section (4) then such person shall be liable to pay tax on the sales or purchases of goods made by him on and after the date of such succession and shall (unless he already holds a certificate of registration) within sixty days thereof apply for registration.
