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TMI BlogClarification 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, 2016X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 18-01-2023 No. GSL/GST/S.168/B.125 Subject : 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. Attention is invited to Circular No. 134/04/2020-GST dated 27th March, 2020, wherein it was clarified that no coercive action can be taken against t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er GGST Act and existing laws, after finalization of the proceedings under IBC. 3. In order to ensure uniformity in the implementation of the provisions of the law across the field formations, the Chief Commissioner of State tax, in exercise of its powers conferred under section 168 of the GGST Act, hereby clarifies as follows. 4.1 Section 84 of the GGST Act reads as follows : Section 8 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (iii) any recovery proceedings initiated on the basis of the demand served upon him prior to the disposal of such appeal, revision or other proceedings may be continued in relation to the amount so reduced from the stage at which such proceedings stood immediately before such disposal. 4.2 As per section 84 of the GGST Act, if the Government dues against any person under GGST Act are reduced ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the entity like the firm, creditors, debtors, employees, etc., and passes an order approving the resolution plan. As the proceedings conducted under IBC also adjudicate the Government dues pending under the GGST Act or under existing laws against the corporate debtor, the same appear to be covered under the term other proceedings in section 84 of the GGST Act. 5. Rule 161 of the Gujarat G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... if any, in the implementation of the above instructions may please be brought to the notice of the Chief Commissioner of State tax. (Milind Torawane) Chief Commissioner of State Tax, Gujarat State, Ahmedabad - Circular - Trade Notice - Public Notice - Instructions - Office orders Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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