Clarification regarding the treatment of statutory dues under GST law in respect of the taxpayers for whom the proceedings have been finalised under Insolvency and Bankruptcy Code, 2016
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Treatment of GST dues after IBC finalisation: Commissioner must intimate reduction and continue recovery only for the reduced amount. When insolvency proceedings under the IBC finally reduce statutory GST dues previously covered by a recovery summary, the jurisdictional Commissioner must issue intimation of that reduction in FORM GST DRC-25 to the taxable person and to the authority pursuing recovery; recovery proceedings may thereafter continue only in respect of the reduced amount and IBC adjudications are to be treated as part of the 'other proceedings' under the SGST Act.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Treatment of GST dues after IBC finalisation: Commissioner must intimate reduction and continue recovery only for the reduced amount.
When insolvency proceedings under the IBC finally reduce statutory GST dues previously covered by a recovery summary, the jurisdictional Commissioner must issue intimation of that reduction in FORM GST DRC-25 to the taxable person and to the authority pursuing recovery; recovery proceedings may thereafter continue only in respect of the reduced amount and IBC adjudications are to be treated as part of the "other proceedings" under the SGST Act.
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