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 statutory dues under insolvency: reduced GST liabilities must be intimated and recovery limited to the adjusted amount. Where insolvency adjudications reduce statutory government dues, those dues are treated as operational debt and the reduction qualifies as 'other proceedings' under section 84 of the TNGST Act; the Commissioner must intimate the reduction to the taxable person and the authority handling recovery and may continue recovery only for the reduced amount, issuing the intimation in FORM GST DRC-25 when a confirmed demand and summary exist.
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 statutory dues under insolvency: reduced GST liabilities must be intimated and recovery limited to the adjusted amount.
Where insolvency adjudications reduce statutory government dues, those dues are treated as operational debt and the reduction qualifies as "other proceedings" under section 84 of the TNGST Act; the Commissioner must intimate the reduction to the taxable person and the authority handling recovery and may continue recovery only for the reduced amount, issuing the intimation in FORM GST DRC-25 when a confirmed demand and summary exist.
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