Joint and several liability: partners remain responsible for firm tax obligations after discontinuance or reconstitution. When a firm, association or HUF discontinues, tax, interest and penalty up to discontinuance may be assessed as if discontinuance had not occurred, and every partner or member at that time remains jointly and severally liable for those liabilities whether determined before or after discontinuance; similar joint and several liability applies where a firm's constitution changes, on dissolution of a firm and on partition of a HUF, and a Limited Liability Partnership 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: partners remain responsible for firm tax obligations after discontinuance or reconstitution.
When a firm, association or HUF discontinues, tax, interest and penalty up to discontinuance may be assessed as if discontinuance had not occurred, and every partner or member at that time remains jointly and severally liable for those liabilities whether determined before or after discontinuance; similar joint and several liability applies where a firm's constitution changes, on dissolution of a firm and on partition of a HUF, and a Limited Liability Partnership is treated as a firm.
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