The case involves an application (IA/5523/2021) filed in the context of an ongoing insolvency resolution process (IB-2924/ND/2019) under the Insolvency and Bankruptcy Code (IBC), 2016. The applicant, Mr. Naveen Sachdeva (M/s. Jay Packaging), sought to set aside an order by the GST Commissioner dated 08.07.2021 and to prevent the GST Commissionerate from enforcing a Show Cause Notice, citing the moratorium period under the IBC. The applicant argued that the GST claim would hamper the Corporate Debtor's CIRP. The respondent, M/s. Magppie International Ltd., is the Corporate Debtor. The GST authorities had issued a Show Cause Notice to the Corporate Debtor, demanding recovery of ITC along with penalty interest, post the initiation of CIRP.
Mr. Naveen Sachdeva (M/s. Jay Packaging) filed an application (IA/5523/2021) within the insolvency proceedings (IB-2924/ND/2019) of M/s. Magppie International Ltd. The application sought to set aside an order of the GST Commissioner dated 08.07.2021 and prevent the GST Commissionerate from recalling a Show Cause Notice. The applicant argued that the Show Cause Notice, issued on 22.10.2020, demanding recovery of ITC along with penalty interest, violated the moratorium under Section 14 of the IBC. The applicant relied on a GST circular dated 23.03.2020, clarifying GST issues for companies under IBC. The respondent contended that the Show Cause Notice had already been adjudicated. The Corporate Debtor's Resolution Professional, Mr. Vivek Raheja, appeared for a hearing on
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Company Petition No.…
Circular issued by the Principal Commissioner…
The case involves an application (IA/5523/2021) filed in the context of an ongoing insolvency resolution process (IB-2924/ND/2019) under the Insolvency and Bankruptcy Code (IBC), 2016. The applicant, Mr. Naveen Sachdeva (M/s. Jay Packaging), sought to set aside an order by the GST Commissioner dated 08.07.2021 and to prevent the GST Commissionerate from enforcing a Show Cause Notice, citing the moratorium period under the IBC. The applicant argued that the GST claim would hamper the Corporate Debtor's CIRP. The respondent, M/s. Magppie International Ltd., is the Corporate Debtor. The GST authorities had issued a Show Cause Notice to the Corporate Debtor, demanding recovery of ITC along with penalty interest, post the initiation of CIRP.
Mr. Naveen Sachdeva (M/s. Jay Packaging) filed an application (IA/5523/2021) within the insolvency proceedings (IB-2924/ND/2019) of M/s. Magppie International Ltd. The application sought to set aside an order of the GST Commissioner dated 08.07.2021 and prevent the GST Commissionerate from recalling a Show Cause Notice. The applicant argued that the Show Cause Notice, issued on 22.10.2020, demanding recovery of ITC along with penalty interest, violated the moratorium under Section 14 of the IBC. The applicant relied on a GST circular dated 23.03.2020, clarifying GST issues for companies under IBC. The respondent contended that the Show Cause Notice had already been adjudicated. The Corporate Debtor's Resolution Professional, Mr. Vivek Raheja, appeared for a hearing on
…Company Petition No.…
Circular issued by the Principal Commissioner…