Seeks to clarify issues in respect of issues under GST law for companies under Insolvency and Bankruptcy Code, 2016

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..... , 2016 (Central Act 31 of 2016) (hereinafter referred to as the "IBC"). 2. As per IBC, once an entity defaults certain threshold amount, Corporate Insolvency Resolution Process (hereinafter referred to as "CIRP") gets triggered and the management of such entity (Corporate Debtor) and its assets vest with an interim resolution professional (hereinafter referred to as "IRP") or resolution professional (hereinafter referred to as "RP"). It continues to run the business and operations of the said entity as a going concern till the insolvency proceeding is over and an order is passed by the National Company Law Tribunal (hereinafter referred to as the "NCLT") 3. To address the aforementioned pr .....

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..... corporate debtor is prohibited. 2. Should the GST registration of corporate debtor be cancelled? It is clarified that the GST registration of an entity for which CIRP has been initiated should not be cancelled under the provisions of section 29 of the KGST Act, 2017. The proper officer may, if need be, suspend the registration. In case the registration of an entity undergoing CIRP has already been cancelled and it is within the period of revocation of cancellation of registration, it is advised that such cancellation may be revoked by taking appropriate steps in this regard. 3. Is IRP/RP liable to file returns of pre-CIRP period? No. In accordance with the provisions of IBC, 2016, the IRP/RP is under obligation to comply with all le .....

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..... een filed by the IRP during the CIRP? The special procedure issued under section 148 of the KGST Act has provided the manner of availment of ITC while furnishing the first return under section 40. The said class of persons shall, in his first return, be eligible to avail input tax credit on invoices covering the supplies of goods or services or both, received since appointment as IRP/RP and during the CIRP period but bearing the GSTIN of the erstwhile registered person, subject to the conditions of Chapter V of the KGS T Act and rule made thereunder, except the provisions of sub-section (4) of section 16 of the KGST Act and sub-rule (4) of rule 36 of the KGS T Rules. In terms of the special procedure under section 148 of the KGST Act is .....

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