Joint and several liability of partners continues after firm discontinuance, reconstitution, dissolution or partition for GST tax, interest and penalty. Partners, members of an association and HUF coparceners are jointly and severally liable for GST tax, interest and penalty of the firm, association or HUF despite discontinuance; liabilities may be determined as if no discontinuance occurred and apply whether assessed before or after discontinuance. On reconstitution of a firm or association, outgoing and incoming partners/members are jointly and severally liable for liabilities attributable to periods before reconstitution. The same scheme applies to dissolution and partition; LLP is treated as a firm.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Joint and several liability of partners continues after firm discontinuance, reconstitution, dissolution or partition for GST tax, interest and penalty.
Partners, members of an association and HUF coparceners are jointly and severally liable for GST tax, interest and penalty of the firm, association or HUF despite discontinuance; liabilities may be determined as if no discontinuance occurred and apply whether assessed before or after discontinuance. On reconstitution of a firm or association, outgoing and incoming partners/members are jointly and severally liable for liabilities attributable to periods before reconstitution. The same scheme applies to dissolution and partition; LLP is treated as a firm.
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