Clarification in respect of issues under GST law for companies under Insolvency and Bankruptcy Code, 2016

Insolvency proceedings reshape GST compliance: registration, first return procedure, and transitional input tax credit rules clarified.

Pre CIRP GST liabilities are to be treated as operational debt and pursued by filing claims before the insolvency tribunal; no coercive action should be taken against the corporate debtor. GST registration of an entity under CIRP must not be cancelled and may be suspended or revoked if previously cancelled. The IRP/RP need not file pre CIRP returns but must obtain new registration as a distinct person, comply with GST obligations during CIRP, file the first return, and may avail input tax credit in that first return for invoices bearing the erstwhile GSTIN under the special procedure. Amounts deposited in the erstwhile cash ledger by IRP/RP during the transition are refundable.