Joint and several liability continues after business discontinuance, keeping partners responsible for GST tax, interest and penalties. Partners, association members and HUF persons remain jointly and severally liable for tax, interest and penalty even after discontinuance, with liabilities determined as if discontinuance had not occurred. Reconstitution of a firm or association does not absolve partners or members from amounts due for periods before reconstitution. The same rules apply to dissolution and partition. Limited Liability Partnerships are to be treated as firms for these 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 after business discontinuance, keeping partners responsible for GST tax, interest and penalties.
Partners, association members and HUF persons remain jointly and severally liable for tax, interest and penalty even after discontinuance, with liabilities determined as if discontinuance had not occurred. Reconstitution of a firm or association does not absolve partners or members from amounts due for periods before reconstitution. The same rules apply to dissolution and partition. Limited Liability Partnerships are to be treated as firms for these purposes.
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