Section 91 of the CGST Act, 2017

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GST›CGST Act, 2017›Chapter XVI, Liability to Pay in Certain Cases

At a glance

Bars, duties and time limits

  • 91Where a guardian, trustee or agent carries on business for a minor or incapacitated person’s benefit, tax, interest and penalty are levied and recovered from that representative as if the beneficiary were capable and running the business personally; the Act and rules apply.

Procedure, powers and definitions

  • 91The law does not settle what constitutes incapacity or what evidence establishes it.

A guardian, trustee or agent running a business for a minor or incapacitated person bears the levy and recovery obligations connected with that business. The measure is the same as if the beneficiary were an adult or capable person conducting it personally. The Act and rules apply accordingly, but this section gives no test or evidence requirement for incapacity.[1]

Text

The text below is the section as served by the CBIC tax information portal on 17 September 2026, with the portal's own amendment footnote markers (shown as small numerals before a bracket) and its footnotes.[1] The Act as published in the Gazette of India is the legal source.

Section 91, verbatim (show)

* Section 91. Liability of guardians, trustees, etc.-

Where the business in respect of which any tax, interest or penalty is payable under this Act is carried on by any guardian, trustee or agent of a minor or other incapacitated person on behalf of and for the benefit of such minor or other incapacitated person, the tax, interest or penalty shall be levied upon and recoverable from such guardian, trustee or agent in like manner and to the same extent as it would be determined and recoverable from any such minor or other incapacitated person, as if he were a major or capacitated person and as if he were conducting the business himself, and all the provisions of this Act or the rules made thereunder shall apply accordingly.

*Enforced w.e.f. 1st July, 2017.

Questions to answer on the file

Questions a reviewer answers from the engagement file, grouped by the part of the section they come from. They describe what the section asks; they do not decide it.

Scope the section as a whole

Questions to answer on the file2 questions
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The business and the amount payable on it the opening words of section 91

Questions to answer on the file4 questions
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By whom the business is carried on section 91, "is carried on by any guardian, trustee or agent"

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The minor or other incapacitated person section 91, "of a minor or other incapacitated person"

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On behalf of and for the benefit of that person section 91, "on behalf of and for the benefit of such minor or other incapacitated person"

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Levy on and recovery from the guardian, trustee or agent section 91, closing words

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Amendment history

The CBIC text carries 1 footnote. The table gives each in the source's own terms. Effective dates are as the footnotes state them.[1]

Amendments to section 91 as footnoted in the CBIC text
NoteChangeInstrumentEffective from
brought section 91 into forcenone — the source's own enforcement note, not an amendment footnote1 July 2017
Provisions connected to Section 91
ProvisionConnectionWords that tie them
Section 2this provision defined by Section 2 clause (5)2(5) defines "agent"; the Act defines neither "guardian" nor "trustee" nor "incapacitated person"
Section 2this provision defined by Section 2 clause (17)section 91 turns on there being a "business", which 2(17) defines
Section 92this provision same as Section 92section 92 repeats the same levy and recovery formula, "in like manner and to the same extent as it would be determined and... recoverable", for an estate under the control of a court-appointed person
Section 93Section 93 sub-section (4) branches on this provision93(4) carries the liability to the ward or the beneficiary once the guardianship or trust is terminated, where section 91 places it on the guardian or trustee while it subsists

Circulars and notifications

No circular or notification in the CBIC repository is recorded as citing this section.

Unsettled questions

The words of section 91 do not answer this question. Where one decides a matter on the file, the answer depends on the position taken on it.

  1. The section reaches a "minor or other incapacitated person" and gives no test of incapacity. What makes a person an "other incapacitated person" for this section, and what evidences it?

See also

References

  1. Central Board of Indirect Taxes and Customs. "Section 91. Liability of guardians, trustees, etc". Central Goods and Services Tax Act, 2017, CBIC tax information portal, with amendment footnotes 1 to 1. Retrieved 17 September 2026.

External links