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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.... 005 PRESENT: Dr. D. JAGANNATHAN I.A.S COMMISSIONER OF STATE TAX Circular No. 1 (2022)/2024 - TNGST (PP6/GST/145/2022) Date : 24.04.2024 Sub: 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- reg. Ref: Circular No. 187/19/2022-GST, dated 27.12.2022 issue....

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....nce with the provisions of the IBC. 2. Representations have been received from the trade as well as tax authorities, seeking clarification regarding the modalities for implementation of the order of the adjudicating authority under Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the "IBC") with respect to demand for recovery against such corporate debtor under Tamil Nad....

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....on any taxable person or any other person and any appeal or revision application is filed or any other proceedings is initiated in respect of such Government dues, then- (b) where such Government dues are reduced in such appeal, revision or in other proceedings- (i) it shall not be necessary for the Commissioner to serve upon the taxable person a fresh notice of demand; (ii) the Commissioner....

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....ending. Further, recovery proceedings can be continued in relation to such reduced amount of government dues. 4.3 The word 'other proceedings' is not defined in TNGST Act. It is to be mentioned that the adjudicating authorities and appellate authorities under IBC are quasi-judicial authorities constituted to deal with civil disputes pertaining to insolvency and bankruptcy. For instance, u....