Joint and several liability continues for partners and members after firm discontinuance, dissolution or reconstitution under GST. Tax, interest and penalty may be determined as if discontinuance, dissolution or partition had not occurred; partners, members or coparceners remain jointly and severally liable for amounts determined or penalties imposed, and where a firm's constitution changes, pre and post reconstitution partners or members share joint and several liability. A Limited Liability Partnership is treated as a firm and 'court' is defined for Chapter purposes.
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 continues for partners and members after firm discontinuance, dissolution or reconstitution under GST.
Tax, interest and penalty may be determined as if discontinuance, dissolution or partition had not occurred; partners, members or coparceners remain jointly and severally liable for amounts determined or penalties imposed, and where a firm's constitution changes, pre and post reconstitution partners or members share joint and several liability. A Limited Liability Partnership is treated as a firm and "court" is defined for Chapter purposes.
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