TMI Blog2021 (5) TMI 409X X X X Extracts X X X X X X X X Extracts X X X X ..... ssued 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rpose of completing Corporate Insolvency Resolution Process vide order dated 27.11.2020. 5. During the pendency of CIRP, the concerned VAT Department and the concerned GST Department has lodged their claims to the tune of ₹ 9,30,34,480/- and ₹ 1,05,76,000/- respectively, on collation and verification of the said claims, IRP/RP had admitted the same i.e. of ₹ 9,05,83,792/- and ₹ 1,05,76,000/- respectively. Keeping in view that the admitted claim of ₹ 9,05,83,792/- of the VAT Department is over 10% of the total debt. The notices of each meeting of the CoC is also issued to the said Department as required under Section 24(3)(c) of IBC. 6. It is further submitted by the Applicant that with the intent of keepi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent Department on the ground that since the GST registration of the Corporate Debtor was earlier cancelled by the Respondent Department suo-moto, there was no occasion to apply for or grant a fresh registration. 10. It is further submitted that while rejecting the application of the Applicant, the Respondent failed to take into account the Circular No. 134/04/2020-GST dated 23.03.2020, whereby the Ministry of Finance, Government of India, issued clarification to all the GST Departments/officials in respect of issues under GST law for companies under CIRP under the aegis of IBC. 11. Heard the Applicant and also seen the documents annexed therein. On perusal of the record, it is found that the notice was issued to the Respondent i.e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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, within thirty days of the appointment of the IRP/RP. Further, in cases where the IRP/RP has been appointed prior to the issuance of notification No. 11/2020-Central Tax, dated 21.03.2020, he shall take registration within thirty days of issuance of the said notification, with effect from date of his appointment as IRP/RP. 14. On perusal of the above, the circular issued by the Ministry of Finance, 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 De ..... X X X X Extracts X X X X X X X X Extracts X X X X
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