The Hon’ble NCLT, Chennai in the matter of T.R. Ravichandran, RP vs. The Asst. Commissioner (ST) & Ors. [MA/1298/2019 in IBA/130/2019 decided on December 05, 2019] directed the Asst. Commissioner (ST) & Ors. (“Respondents”) to allow Corporate Debtor to have access to its GST Portal account, permit the Applicant to file GST Return of Corporate Debtor generated after commencement of CIRP before clearing past dues.
T.R. Ravicandran (“Applicant”), a Resolution Professional (“RP”) of M/s Kiran Global Chem Limited (“the Company” or “Corporate Debtor”) filed an MA seeking permission to Corporate Debtor to have access to the its GST Portal account to file GST Return during the period of Corporate Insolvency Resolution Process (“CIRP”) and to allow the Applicant to pay the net GST liability from the date of commencement of CIRP till its completion disregarding non-payment of arrears dues of GST for the period prior to commencement of CIRP.
The Hon’ble NCLT, Chennai in MA/1298/2019 in IBA/130/2019 decided on December 12, 2019 held as under:
Section 49 (8) of the CGST Act
“49. Payment of tax, interest, penalty and other amounts.
(8) Every taxable person shall discharge his tax and other dues under this Act or the rules made thereunder in the following order, namely:––
(a) self-assessed tax, and other dues related to returns of previous tax periods;
(b) self-assessed tax, and other dues related to the return of the current tax period;
(c) any other amount payable under this Act or the rules made thereunder including the demand determined under section 73 or section 74;”
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