Joint and several liability: partners and members remain liable for firm tax, interest and penalties despite discontinuance or reconstitution.

If a firm, association or Hindu undivided family discontinues business, tax, interest and penalty up to discontinuance may be determined as if no discontinuance occurred, and every partner or member at that time remains jointly and severally liable for those liabilities whether determined before or after discontinuance. Where a firm or association is reconstituted, partners or members before and after reconstitution are jointly and severally liable for liabilities attributable to periods before reconstitution; analogous rules apply on dissolution and partition. A limited liability partnership is treated as a firm for these purposes.

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