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GST: Directors face higher risks for tax default

GST Acts don't define 'director' or make distinction between executive or non-executive directors

Photo: Shutterstock
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Photo: Shutterstock

Sudipto Dey
The goods and services tax (GST), India’s new indirect tax regime, makes directors of private limited companies liable for recovery of unpaid taxes, interest or penalties pertaining to supply of goods or services. To complicate matters, the GST Acts do not provide a definition for the term ‘director’ or make any distinction between executive or non-executive directors. Further, the existing directors and officer’s liability insurance — that helps a company hedge against professional and functional risks emanating from managing and running a business – do not cover the additional risks under GST.   

Section 89 of the Central GST Act

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