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2021 (5) TMI 409 - Tri - GSTRegistration of fresh GST number of the Corporate Debtor - keeping the Corporate Debtor as a going concern - HELD THAT:- the RP is managing to run the business operation of the Corporate Debtor as a going concern as per Section 25(1) of IBC, which is the intent of the IB Code, so as to, keep the Corporate Debtor as going concern. In that event, when the Applicant has applied for registration of the GST of the Corporate Debtor, the GST Department supposed to register the same, instead of rejecting on a very flimsy ground ignoring the circular so issued by the Ministry of Finance on 23.03.2020. On perusal of Circular issued by the Ministry of Finance on 23.03.2020, puts forth, that a suo-moto cancellation of GST registration on an earlier occasion by the GST department cannot be a ground to reject a fresh registration application by Company/Corporate Debtor undergoing CIRP under IB Code - The above said circular dated 23.03.2020 is very clear on the issue, that the Corporate Debtor who, is undergoing CIRP is to be treated as distinct person of the Corporate Debtor and shall be liable to take a new registration in each State or Union Territory, where the Corporate Debtor was registered earlier. That apart, under Section 238 of the IB Code, clearly provide that, it will override the provision of other laws. Under such circumstances, the instant application is fit to be allowed. Thus a suo-moto cancellation of GST registration on an earlier occasion by the GST department cannot be a ground to reject a fresh registration application by Company/Corporate Debtor undergoing CIRP under IB Code - application allowed.
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