GST ACT — SECTION 91

Section 91 CGST Act — Liability of Guardians, Trustees & Agents

Who pays GST when a business is owned by a minor or another incapacitated person but is actually carried on by a guardian, trustee or agent on that person's behalf? Section 91 creates a specific statutory mechanism for this situation.

This detailed guide explains Section 91 in plain language, identifies who can be responsible, explains the words “on behalf of and for the benefit”, and shows how tax, interest and penalty are levied and recovered when the business is operated for a minor or other incapacitated person.

Minor / Incapacitated PersonThe underlying business belongs to or is for the benefit of the protected person.
Guardian / Trustee / AgentThe person actually carrying on the business can be the statutory point of tax recovery.
Tax + Interest + PenaltyThe section expressly covers all three.
Same GST FrameworkThe Act and Rules apply as though the protected person were capable of conducting the business.

1. Why Section 91 matters

GST law must still work when the person for whose benefit a business is carried on cannot legally or practically conduct that business personally.

Imagine that a minor inherits a commercial property and a business connected with it. The minor cannot simply operate the business in the same way as an adult. A guardian or another legally responsible person may conduct the business on the minor's behalf.

Section 91 provides a clear GST rule for this situation. Where the business is carried on by a guardian, trustee or agent of a minor or other incapacitated person, on behalf of and for the benefit of that person, GST tax, interest or penalty is levied upon and recoverable from the guardian, trustee or agent.

Core idea: Section 91 does not create a general liability for every guardian, trustee or agent. It applies when the specified business relationship exists and the business is carried on on behalf of and for the benefit of the minor or other incapacitated person.

3. Section 91 in simple language

Suppose a 16-year-old minor inherits a business that generates taxable supplies. A guardian is legally managing the business for the minor's benefit.

The business still has GST obligations. The minor cannot simply be treated as though the business has no GST because the owner is a minor.

Section 91 says that the GST tax, interest or penalty is levied upon and recoverable from the guardian in the same manner and to the same extent as it would have been determined and recovered from the minor if the minor were a major and were conducting the business personally.

Business for minor/incapacitated person + guardian/trustee/agent conducts it for that person's benefit = Section 91 compliance and recovery framework

4. Complete statutory structure

ElementMeaning
BusinessThere must be a business in respect of which tax, interest or penalty is payable under the CGST Act.
Protected personThe business is connected with a minor or other incapacitated person.
Responsible personA guardian, trustee or agent carries on the business.
PurposeThe business is carried on on behalf of and for the benefit of the minor/incapacitated person.
GST liabilityTax, interest or penalty is levied upon and recoverable from the guardian, trustee or agent.
ExtentThe determination and recovery operate in the same manner and to the same extent as they would for the protected person if capable of conducting the business.

The current CGST Act text states this framework without a separate monetary threshold or special rate.

5. Who can be covered?

Section 91 names three categories:

Guardian

A person responsible for managing the affairs/business of a minor or other incapacitated person.

Trustee

A trustee who carries on the business on behalf of and for the benefit of the protected person.

Agent

An agent who carries on the business on behalf of and for the benefit of the protected person.

Protected person

The minor or other incapacitated person for whose benefit the business is carried on.

The section should not be expanded to every person who happens to provide administrative help. The statutory relationship and purpose of the business matter.

6. The business condition

Section 91 is not a general provision about a person's private property or personal income. It specifically refers to a business in respect of which tax, interest or penalty is payable under the CGST Act.

Therefore, the first practical question is:

What business is being carried on, who is the taxable person, and why is the guardian, trustee or agent carrying it on?

The answer should be supported by ownership documents, guardianship/trust/agency documents, GST registration records, books and actual business arrangements.

7. Meaning of “on behalf of and for the benefit”

These words are central to Section 91.

They indicate that the guardian, trustee or agent is not simply operating an unrelated business of their own. The business is being carried on for the protected person's benefit.

SituationSection 91 analysis
Guardian manages inherited business for minorStrong factual fit with the section.
Trustee operates business/assets for beneficiaryMay fall within the provision where the statutory conditions are satisfied.
Agent operates a business belonging to or for benefit of minorPotentially covered.
Person independently operates own business and merely helps a minor separatelyDo not automatically treat this as Section 91.

8. What liabilities are covered?

Section 91 expressly covers three categories:

Tax
GST payable under the Act.
Interest
Statutory interest associated with the tax liability.
Penalty
Penalty payable under the applicable GST provisions.
Recovery
The amount can be levied upon and recovered from the guardian, trustee or agent in the statutory manner.

This means the person managing the business cannot treat GST as merely an administrative formality. The financial consequences can extend to the tax, interest and penalty arising under the Act.

9. What does “in like manner and to the same extent” mean?

This phrase prevents the representative arrangement from creating a special GST discount or reduced liability merely because the business belongs to a minor or incapacitated person.

For example, if a taxable business would have been required to pay GST and comply with the Act if conducted by a capable person, the guardian/trustee/agent does not get a reduced tax obligation simply because they are managing it for someone else.

Simple interpretation: Section 91 changes who the GST department deals with for levy and recovery; it does not create a lower GST rate or a special exemption merely because the business owner is a minor or incapacitated.

10. Guardian example

A minor inherits a taxable trading business. The guardian manages purchases, sales, employees, banking and GST compliance for the minor.

The guardian should ensure that the business is correctly registered where required, invoices are issued, returns are filed, tax is paid and records are maintained.

If GST tax, interest or penalty becomes payable, Section 91 provides the statutory mechanism under which the amount can be levied upon and recovered from the guardian in the specified manner.

11. Trustee example

A trust arrangement places a business asset or business activity under the management of a trustee for the benefit of a person who cannot personally conduct the business.

The GST analysis should begin with the trust deed and actual business arrangement. If the trustee is carrying on the business on behalf of and for the benefit of the protected person, Section 91 may apply.

The trustee should keep the trust deed, GST registration documents, books, invoices, bank records and evidence showing the capacity in which the business is operated.

12. Agent example

An agent may be appointed to operate a business for the benefit of a minor or incapacitated person.

The word “agent” should not be read so broadly that every ordinary employee or service provider becomes a Section 91 representative. The actual legal and commercial relationship should be examined.

Where the statutory conditions are satisfied, the agent can become the person from whom tax, interest and penalty are levied and recovered under Section 91.

13. Business of a minor

A minor's age does not by itself make every activity a GST business or automatically create Section 91 liability. The provision becomes relevant when there is a business in respect of which GST tax, interest or penalty is payable and that business is carried on by a guardian, trustee or agent for the minor's benefit.

For professional review, establish:

✓ Nature of business
✓ Ownership/beneficial interest
✓ Minor's status
✓ Guardian appointment
✓ GST registration
✓ Person actually managing business
✓ Bank/signatory arrangements
✓ GST compliance records

14. Other incapacitated person

Section 91 is not limited to minors. It also refers to an other incapacitated person.

The relevant question is whether the person is in a legal or factual situation in which a guardian, trustee or agent is carrying on the business on that person's behalf and for that person's benefit.

Because “incapacitated” can involve different legal circumstances, the underlying legal documents and applicable personal/guardianship law should be reviewed rather than assuming that every illness, absence or inability to manage accounts creates Section 91 status.

15. GST registration and authorised signatory

Section 91 is a liability provision. It should not be confused with the separate GST registration and authorised-signatory rules.

Where a person is legally managing the business, the registration records should accurately reflect the taxable person's details and the persons authorised to act for that taxable person.

GST registration rules also provide for signing and filing documents through persons competent or authorised to act on behalf of the taxable person. For example, CBIC's registration rules recognise guardians/competent persons for individuals who are mentally incapacitated and authorised persons for other categories.

16. GST returns and compliance

The representative managing the business should treat GST compliance as an ongoing process:

AreaPractical responsibility
RegistrationEnsure registration is obtained/maintained where required.
InvoicesIssue proper tax invoices/bills of supply as applicable.
ReturnsFile the applicable GST returns on time.
Tax paymentReconcile output tax, ITC and cash/credit ledger.
NoticesTrack scrutiny, audit, assessment and recovery communications.
RecordsMaintain books and GST documents required under the Act and Rules.

17. Books and records

Section 91 does not eliminate the ordinary record-keeping requirements. The business should maintain the records required under Section 35 and the relevant Rules.

Useful records include:

✓ Sales invoices
✓ Purchase invoices
✓ Stock records
✓ Bank records
✓ GST returns
✓ Electronic cash/credit ledgers
✓ ITC reconciliations
✓ RCM workings
✓ Tax-payment challans
✓ Notices and replies
✓ Guardian/trust/agency documents
✓ Board/trustee/guardian decisions

CBIC's accounting rules separately require agents covered by the GST framework to maintain records of authorisation, goods/services received and supplied on behalf of principals, accounts furnished to principals and tax paid.

18. Recovery and departmental proceedings

If tax, interest or penalty becomes payable, the representative should not assume that Section 91 is only an internal accounting rule. The provision expressly states that the amount is levied upon and recoverable from the guardian, trustee or agent.

Accordingly, if a notice or recovery communication is received, the first step should be to identify:

  • The underlying taxable person
  • The business involved
  • The legal capacity of the representative
  • The tax period
  • The tax, interest and penalty amount
  • The assessment/demand order
  • Payments already made
  • Any appeal or stay

The ordinary GST determination and recovery provisions continue to be relevant alongside Section 91.

19. What Section 91 does not mean

✗ It is not a general tax on every minor.
✗ It does not say every guardian automatically pays GST.
✗ It does not make every trustee liable for every trust activity.
✗ It does not make every employee an “agent” under Section 91.
✗ It does not create a special GST rate.
✗ It does not remove ordinary GST registration requirements.
✗ It does not eliminate books-and-records obligations.
✗ It does not replace the normal assessment and recovery provisions.
Fact-specific point: The actual legal capacity and the purpose for which the business is conducted must be established before Section 91 is applied.

20. Construction and infrastructure examples

Inherited construction business

A minor inherits a construction-related business and a guardian manages contracts, invoices, subcontractors and GST returns. The guardian should establish the legal capacity in which the business is being managed and maintain complete GST records.

Trust-managed project asset

A trustee manages a commercial property/business activity for a protected beneficiary. The trust deed, business arrangement and GST registration should be reviewed together.

Agency arrangement

An agent is appointed to operate a taxable business for the benefit of a minor. The agency documentation and actual conduct should clearly establish the representative capacity.

21. Detailed practical cases

Case 1 — Minor owns taxable business

Guardian operates the business for the minor's benefit. Section 91 should be examined because the statutory representative relationship is present.

Case 2 — Minor only owns an investment

Ownership of an investment by itself does not automatically mean there is a business being carried on under Section 91.

Case 3 — Guardian manages business temporarily

Examine whether the guardian is actually carrying on the business on behalf of and for the benefit of the minor.

Case 4 — Trustee manages business for beneficiary

Review the trust deed and actual business operations to determine the Section 91 relationship.

Case 5 — Agent is appointed

Preserve the agency agreement and records showing that the business is being conducted for the protected person's benefit.

Case 6 — GST demand arises

Identify the tax period, tax, interest and penalty and establish the representative capacity before responding.

Case 7 — ITC dispute

Maintain purchase invoices, GSTR-2B reconciliation, payment records and other ITC evidence. Section 91 does not remove ordinary ITC conditions.

Case 8 — RCM liability

If the business has reverse-charge obligations, those liabilities must be included in the GST compliance review.

Case 9 — Business expands

Changes in turnover, registrations or places of business should be handled under the normal GST framework.

Case 10 — Representative changes

Document when a guardian, trustee or agent ceases or another person takes over and update relevant records/authorisations.

Case 11 — Departmental notice

Do not respond only by stating that the business belongs to a minor. Address the statutory facts and the actual GST liability.

Case 12 — Recovery stage

Reconstruct the demand, payments, appeal status and representative authority before dealing with recovery.

22. Professional compliance workflow

1. Identify taxable person
Determine who owns/benefits from the business.
2. Identify representative
Guardian, trustee or agent.
3. Verify authority
Guardianship/trust/agency documents.
4. Review GST registration
Confirm registration and authorised persons.
5. Review returns
GSTR-1, GSTR-3B and applicable returns.
6. Reconcile tax
Output tax, ITC, RCM and cash/credit ledgers.
7. Maintain records
Keep business and representative documents.
8. Monitor notices
Track scrutiny, audit and assessment.
9. Address demand
Review tax, interest, penalty and payments.
10. Review recovery
Respond using the correct statutory framework.

23. Internal controls

ControlRecommended practice
Legal-capacity fileKeep guardian/trust/agency documents together with GST records.
GST calendarTrack every applicable filing and payment deadline.
Return reviewDocument review before filing.
ITC reconciliationMaintain invoice-level reconciliation where relevant.
Notice registerTrack every departmental communication and deadline.
Bank reconciliationMatch tax payments with electronic ledgers.
Representative changesUpdate authorisations and GST records promptly.

24. Documents checklist

✓ Guardianship documents
✓ Trust deed
✓ Agency agreement
✓ Ownership/beneficial-interest documents
✓ GST registration certificate
✓ Authorisation records
✓ GST returns
✓ Tax invoices
✓ Purchase records
✓ Bank statements
✓ Electronic ledgers
✓ ITC reconciliations
✓ Notices/orders
✓ Appeal/recovery documents

25. Common mistakes

  • Assuming a minor's business has no GST obligations.
  • Failing to identify who is actually conducting the business.
  • Ignoring the words “on behalf of and for the benefit”.
  • Treating every trustee as automatically liable under Section 91.
  • Treating every employee as an agent under Section 91.
  • Failing to document the guardian/trust/agency relationship.
  • Using the representative arrangement as a reason to ignore GST returns.
  • Failing to reconcile tax and ITC.
  • Ignoring GST notices because the underlying owner is a minor.
  • Confusing Section 91 with Section 90 partner liability.
  • Confusing Section 91 with Section 92 Court of Wards/receiver liability.
  • Not preserving records supporting the representative capacity.

26. Section 89 vs Section 90 vs Section 91 vs Section 92

ProvisionMain subjectCore mechanism
Section 89Directors of private companySpecified liability where tax/interest/penalty cannot be recovered from the private company, subject to conditions.
Section 90Partners of firmFirm and each partner jointly and severally liable, with special retirement rules.
Section 91Guardian, trustee or agent of minor/incapacitated personTax, interest and penalty levied upon and recoverable from representative carrying on business for the protected person.
Section 92Court of Wards, Administrator General, Official Trustee, receiver or managerSpecial liability where the estate/business is under the control of the specified authority or manager.

27. Legislative position

Section 91 formed part of the original CGST Act framework and came into force with the Act's substantive provisions from 1 July 2017. The current India Code text continues to contain the same core rule for guardians, trustees and agents carrying on business for minors or other incapacitated persons.

The provision is comparatively short, but its practical importance comes from the fact that it connects a representative's management of the business with the normal GST tax, interest, penalty, assessment and recovery machinery.

28. Section 91 GST FAQs

What is Section 91 of the CGST Act?

Section 91 deals with GST liability where a guardian, trustee or agent carries on a business on behalf of and for the benefit of a minor or other incapacitated person.

Who is liable to pay GST under Section 91?

The tax, interest or penalty is levied upon and recoverable from the guardian, trustee or agent in the manner specified by the section.

Does Section 91 apply to every guardian?

No. The business must be carried on by the guardian on behalf of and for the benefit of the minor or other incapacitated person.

Does Section 91 apply to every trustee?

No. The actual business arrangement and representative capacity must satisfy the statutory conditions.

Does Section 91 apply to every agent?

No. The statutory relationship and purpose of the business matter.

Can a minor have a GST business?

The existence of a minor does not eliminate GST obligations. Where a business is carried on for the minor through a guardian, trustee or agent, Section 91 provides the relevant liability framework.

Who files GST returns for a minor's business?

The person competent or authorised to act for the taxable person handles the applicable compliance, subject to the registration and authorised-signatory rules.

What liabilities are covered?

Section 91 expressly covers tax, interest and penalty.

Does Section 91 create a special GST rate?

No. It is a liability and recovery provision, not a rate provision.

Does the guardian pay GST from personal money in every case?

The section makes the tax, interest or penalty levied upon and recoverable from the guardian, trustee or agent in the specified circumstances. The exact recovery facts and applicable procedures must be examined.

What does “same extent” mean?

The representative is subject to the GST liability framework as though the protected person were capable of conducting the business personally.

Is Section 91 the same as Section 90?

No. Section 90 concerns partners of a firm. Section 91 concerns guardians, trustees and agents of minors or other incapacitated persons conducting business for them.

Is Section 91 the same as Section 92?

No. Section 92 deals with Court of Wards, Administrator General, Official Trustee, receiver or manager in the circumstances specified there.

What records should a guardian/trustee/agent maintain?

Maintain the legal authority documents, GST registration records, invoices, books, returns, tax-payment records, reconciliations and departmental correspondence.

What should be checked before responding to a GST notice?

Identify the business, taxable person, representative capacity, tax period, tax/interest/penalty, assessment order, payments and any appeal or stay.

30. Key takeaways

  • Section 91 deals with a business carried on by a guardian, trustee or agent for a minor or other incapacitated person.
  • The business must be carried on on behalf of and for the benefit of the protected person.
  • Tax, interest and penalty are expressly covered.
  • The representative is the person from whom the amount is levied and recovered under the section.
  • The provision applies the GST framework as though the protected person were capable of conducting the business.
  • Section 91 is not a general liability rule for every guardian, trustee or agent.
  • The legal capacity and actual business arrangement should be documented.
  • GST registration, returns, invoices, ITC, tax payments and records still need to be managed properly.
  • Section 91 should be distinguished from Sections 89, 90 and 92.
  • When a notice is received, reconstruct the taxable person, representative capacity, tax period and underlying demand before responding.

Why this article is designed differently: It is written as a practical search reference for guardians, trustees, agents, finance teams and tax professionals rather than as a short reproduction of the Act.

Disclaimer: This guide is for practical educational use. Guardianship, trusts, agency and incapacity can involve other laws in addition to GST. Review the actual legal documents, GST records and current law before taking action.