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Cheque Bounce GST Dilemma Problem with transaction before GST period
05-Dec-2023 (In Cheque Bounce Law)
I had a Proprietorship firm in MP with which I was doing import business since 2015 and with this firm I gave material imported goods on credit to a firm based in Mumbai in 2015 during VAT/CST time. Due to losses in business I did not continue my business after 1 July 2017 and did not get GST registration and my firm was shut down but bank accounts of my firm are active. The Mumbai firm gave me a Cheque of the payment that was on credit of Rs 2 lakhs in 2018. But now when I am trying to clear the cheque I got information from the bank that the Mumbai firm doesn't have sufficient balance in their bank account. Now I am planning to send them legal notice and file a cheque bounce case under IPC 138. Cheque I haven't bounced yet because . My question: Whether I do need to get GST Registration done to file 138 case against Mumbai firm and if the court will reject my case since my firm is non existent after GST since July 1 2017.
as per your enquiry I will give you my best advice that when you get the cheque your firm was not GST registered so it doesn't need to registered your firm as GST. you can file the case as old firm. I will further advice you that if your firm has been closed then you can file the case by the name of proprietary and court will not take any objection because after closer of any firm proprietary is responsible for dues of the firm as well as he has right to recover the debts of the firm.
I hope this advice will help you to understand and face the circumstances. if any confusion or any other enquiry you can contact me through Lawrato by posting another enquiry on my profile.
I hope this advice will help you to understand and face the circumstances. if any confusion or any other enquiry you can contact me through Lawrato by posting another enquiry on my profile.
Helpful?
Adv. Rohit Jagwani
Gwalior | 100+ Answers
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