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    Question

    Where a person dies, which of the following cannot be

    done against legal representative, as per SCRA?
    A Continuance of proceedings for disgorgement, refund initiated against the deceased before his death Correct Answer Incorrect Answer
    B Continuance of proceeding for levy of penalty against the deceased. Correct Answer Incorrect Answer
    C Liability for payment of penalty which has been imposed before the death of deceased. Correct Answer Incorrect Answer
    D Initiation of proceeding for refund and recovery Correct Answer Incorrect Answer
    E All can be done Correct Answer Incorrect Answer

    Solution

    Section 23JC of SCRA – Continuance of proceedings.—Where a person dies, his legal representative shall be liable to pay any sum which the deceased would have been liable to pay, if he had not died, in the like manner and to the same extent as the deceased: Provided that, in case of any penalty payable under this Act, a legal representative shall be liable only in case the penalty has been imposed before the death of the deceased person. (2) For the purposes of sub-section (1),— (a) any proceeding for disgorgement, refund or an action for recovery before the Recovery Officer under this Act, except a proceeding for levy of penalty, initiated against the deceased before his death shall be deemed to have been initiated against the legal representative, and may be continued against the legal representative from the stage at which it stood on the date of the death of the deceased and all the provisions of this act shall apply accordingly; (b) any proceeding for disgorgement, refund or an action for recovery before the Recovery Officer under this Act, except a proceeding for levy of penalty, which could have been initiated against the deceased if he had survived, may be initiated against the legal representative and all the provisions of this Act shall apply accordingly. (3) Every legal representative shall be personally liable for any sum payable by him in his capacity as legal representative if, while his liability for such sum remains undercharged, he creates a charge on or disposes of or pasts with any assets of the estate of the deceased, which are in, or may come into, his possession, but such liability shall be limited to the value of the asset so charged, disposed of or parted with. (4) The liability of a legal representative under this section shall, be limited to the extent to which the estate of the decreased is capable of meeting the liability.

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