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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Operational debt treatment under insolvency: reduced GST demands must be notified and recovery limited to the reduced amount. Where insolvency proceedings under the IBC finalise and reduce statutory GST dues previously the subject of a confirmed demand summarized in GST DRC-07/07A, the Commissioner shall notify the taxable person and the authority handling recovery by issuing GST Form DRC-25 reflecting the reduction; recovery proceedings may continue only in respect of the reduced amount, and pre-CIRP dues are to be treated as operational debt adjudicated within insolvency proceedings.
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.
Operational debt treatment under insolvency: reduced GST demands must be notified and recovery limited to the reduced amount.
Where insolvency proceedings under the IBC finalise and reduce statutory GST dues previously the subject of a confirmed demand summarized in GST DRC-07/07A, the Commissioner shall notify the taxable person and the authority handling recovery by issuing GST Form DRC-25 reflecting the reduction; recovery proceedings may continue only in respect of the reduced amount, and pre-CIRP dues are to be treated as operational debt adjudicated within insolvency proceedings.
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