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Liability if partnership firm or LLP is dissolved

Liability if partnership firm or LLP is dissolved

Save as otherwise provided in the Insolvency and Bankruptcy Code, 2016, where a taxable person, liable to pay tax, interest or penalty under this Act, is a firm, and the firm is dissolved, then, every person who was a partner shall, jointly and severally, be liable to pay the tax, interest or penalty due from the firm under this Act up to the time of dissolution whether such tax, interest or penalty has been determined before the dissolution, but has remained unpaid or is determined after dissolution – section 93(3) of CGST Act.

LLP (Limited Liability Partnership) shall be considered as firm for purposes of Chapter XVI of CGST Act [Liability in certain cases] – explanation to section 94 of CGST Act.