Partners of a Partnership Firm are personally liable for GST dues of the Firm and bank account of an erstwhile partner can be attached for recovery


Quick Summary
The Madras High Court has ruled that partners of a partnership firm are personally liable for the firm's outstanding GST dues. This means that even an erstwhile partner's bank account can be attached by GST authorities to recover these debts. The court clarified that such action is permissible under Section 79 of the CGST Act for recovering crystallised tax liabilities, distinguishing it from provisional attachments under Section 83.

Court :
Madras High Court

Brief :
The Hon’ble Madras High Court in the case of M/s. VRAA and Co. v. Assistant Commissioner of GST and Central Excise, Guindy Division [W.P. No. 22458 of 2026 dated June 23, 2026] dismissed the writ petition filed by a partnership firm challenging the attachment of the bank account of its erstwhile partner, holding that the Assistant Commissioner is duly empowered to issue a communication under Section 79(1)(c)(i) read with Section 5(3) of the Central Goods and Services Tax Act, 2017 ( “the CGST Act” ) for initiating action against a garnishee pursuant to the crystallisation of the tax liability of the partnership firm, and that the partners of a partnership firm are personally liable for the dues of the firm.

Citation :
[W.P. No. 22458 of 2026 dated June 23, 2026

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FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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