Page 73 - GSTL_2nd April 2020_Vol 35_Part 1

2020 ] DEPARTMENTAL CLARIFICATIONS C9
2. Should the GST It is clarified that the GST registration of an entity
registration of for which CIRP has been initiated should not be
corporate debtor be cancelled under the provisions of section 29 of the
cancelled? CGST Act, 2017. The proper officer may, if need be,
suspend the registration. In case the registration of
an entity undergoing CIRP has already been
cancelled and it is within the period of revocation
of cancellation of registration, it is advised that
such cancellation may be revoked by taking
appropriate steps in this regard.
3. Is IRP/RP liable to No. In accordance with the provisions of IBC, 2016,
file returns of pre- the IRP/RP is under obligation to comply with all
CIRP period? legal requirements for period after the Insolvency
Commencement Date. Accordingly, it is clarified
that IRP/RP are not under an obligation to file
returns of pre-CIRP period.
During CIRP period
4. Should a new The corporate debtor who is undergoing CIRP is to
registration be taken be treated as a distinct person of the corporate
by the corporate debtor and shall be liable to take a new registration
debtor during the in each State or Union territory where the corporate
CIRP period? debtor was registered earlier, within thirty days of
the appointment of the IRP/RP. Further, in cases
where the IRP/RP has been appointed prior to the
issuance of notification No. 11/2020-Central Tax,
dated 21-3-2020, he shall take registration within
thirty days of issuance of the said notification, with
effect from date of his appointment as IRP/RP.
5. How to file First The IRP/RP will be liable to furnish returns, make
Return after payment of tax and comply with all the provisions
obtaining new of the GST law during CIRP period. The IRP/RP is
registration? required to ensure that the first return is filed
under section 40 of the CGST Act, for the period
beginning the date on which it became liable to
take registration till the date on which registration
has been granted.
6. How to avail ITC for The special procedure issued under section 148 of
invoices issued to the the CGST Act has provided the manner of
erstwhile registered availment of ITC while furnishing the first return
person in case the under section 40.
IRP/RP has been The said class of persons shall, in his first return, be
appointed before eligible to avail input tax credit on invoices
issuance of covering the supplies of goods or services or both,
notification No. received since appointment as IRP/RP and during
11/2020-Central Tax, the CIRP period but bearing the GSTIN of the
dated 21-3-2020 and erstwhile registered person, subject to the
GST LAW TIMES  2nd April 2020  137