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GST Compliance for Corporate Debtors under IRP/RP – Distinct Registration Mandated

Notification No.: 39/2020 – Central Tax
Date of Notification: 5th May 2020

Relevant Sections and Rules:

  • Central GST Act, 2017:
    • Section 37 – Furnishing details of outward supplies
    • Section 39 – Furnishing of returns
    • Section 148 – Special procedure for certain registered persons
  • CGST Rules, 2017:
    • Not directly amended, but procedural implications apply for registration and compliance
  • Supersedes/Amends:
    • Notification No. 11/2020 – Central Tax, dated 21st March 2020

Summary of Notification

  1. Clarification on IRP/RP Compliance Obligations in CIRP Cases:
    This notification amends Notification No. 11/2020 to clarify that the special procedure for GST compliance during Corporate Insolvency Resolution Process (CIRP) shall not apply to corporate debtors who have already furnished all returns and statements (under Sections 37 and 39) prior to appointment of IRP/RP.

✅ This avoids unnecessary duplicate registrations for compliant corporate debtors under resolution.

  1. Mandatory New Registration for IRP/RP – Timeline Revised:
    For corporate debtors where the IRP (Interim Resolution Professional) or RP (Resolution Professional) is appointed, a new GST registration must be obtained in each State/UT where the debtor was previously registered, within:
  • 30 days of the appointment of IRP/RP, or
  • by 30th June 2020, whichever is later

🗓️ This revised timeline ensures uniform registration compliance post-CIRP initiation and distinguishes the IRP/RP entity from the corporate debtor.

Source: Notification No.: 39/2020 – Central Tax

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