Operational debt moratorium protects pre insolvency GST liabilities and requires IRP/RP to obtain new registration and comply with GST obligations. Pre CIRP GST dues are treated as operational debt and recovery is stayed by the IBC moratorium; such dues should be filed as claims before the insolvency tribunal. GST registration of an entity undergoing CIRP must not be cancelled (suspension permitted) and the IRP/RP need not file pre CIRP returns. The IRP/RP is a distinct person required to obtain new GST registration in relevant jurisdictions, file the first return under section 40, comply with GST obligations during CIRP, and may avail limited ITC on invoices bearing the erstwhile GSTIN in the first return; cash ledger deposits made under the erstwhile registration during the transitional period are refundable.
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 moratorium protects pre insolvency GST liabilities and requires IRP/RP to obtain new registration and comply with GST obligations.
Pre CIRP GST dues are treated as operational debt and recovery is stayed by the IBC moratorium; such dues should be filed as claims before the insolvency tribunal. GST registration of an entity undergoing CIRP must not be cancelled (suspension permitted) and the IRP/RP need not file pre CIRP returns. The IRP/RP is a distinct person required to obtain new GST registration in relevant jurisdictions, file the first return under section 40, comply with GST obligations during CIRP, and may avail limited ITC on invoices bearing the erstwhile GSTIN in the first return; cash ledger deposits made under the erstwhile registration during the transitional period are refundable.
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