2021 (5) TMI 409

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....l Tax Officer, Ghatak 40 (Vadodara) to register fresh GST number of the Corporate Debtor. 2. It is a matter of record that the Corporate Insolvency Resolution Process started on 23.09.2020, on admission of application filed under Section 7 of IBC, CIRP initiated by appointing Mr. Manish D. Shah as the IRP. 3. In pursuance to the commencement of CIRP, the IRP made the public announcement as per IBC and its Regulation thereon inviting the creditors/stakeholder of the Corporate Debtor to submit their respective claims. 4. In the first meeting of the CoC, it was decided to replace the IRP with that of the instant RP, Mr. Sapan Mohan Garg, for the purpose of completing Corporate Insolvency Resolution Process vide order dated 27.11.2020. 5. D....

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....rate Debtor as a going concern, there is substantial cash flow and hence the GST is applicable to the transactions carried on by the Corporate Debtor, however the GST registration of the Corporate Debtor was suo-moto cancelled by the GST Department prior to the commencement of CIRP, hence a fresh GST registration is required. 9. It is further submitted that for the first GST registration of the Corporate Debtor with the Respondent Department, the Applicant made registration applications on two occasions i.e. 20.01.2021 and 12.02.2021, however both the registration applications have been arbitrarily rejected by the Respondent Department on the ground that since the GST registration of the Corporate Debtor was earlier cancelled by the Respon....

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.... business operation of the Corporate Debtor as a going concern as per Section 25(1) of IBC, which is the intent of the IB Code, so as to, keep the Corporate Debtor as going concern. In that event, when the Applicant has applied for registration of the GST of the Corporate Debtor, the GST Department supposed to register the same, instead of rejecting on a very flimsy ground ignoring the circular so issued by the Ministry of Finance on 23.03.2020. For the sake of convenience, the operative portion is reproduced herein below: "The Corporate Debtor who is undergoing CIRP is to be treated as a distinct person of the corporate debtor and shall be liable to take a new registration in each State or Union territory where the corporate debtor was r....