E-Way Bill restoration Facility for Taxpayers undergoing Insolvency Proceedings

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The National Company Law Tribunal (NCLT), Mumbai has ordered to restore the E-way Bill Facility for Taxpayers undergoing Insolvency Proceedings.

ISSUE INVOLVED:-

Whether the Return Filing Facility can be blocked for taxpayers undergoing CIRP or not?

FACTS OF THE CASE:-

In the case of Videocon Group vs. Central Goods and Service Department, the Goods and Service Tax (GST) Department was directed to restore the E-way bill facility for filling the Goods and Service Tax (GST), they must not take the coercive steps against the corporate debtors and GST department must receive the manual/physical filing of the GST regular returns.

The petitioner namely Videocon Group filed an application to the National Company Law Tribunal (NCLT) in order to seek directions to the Central Goods and Service Tax (CGST) Department in order to restore the E-way bill facility for filling the Goods and Service Tax (GST), they must not take the coercive steps against the corporate debtors and GST department must receive the manual/physical filing of the GST regular returns.

The corporate debtors are engaged in the business of assembling, manufacturing, and distribution of a wide range of consumer electronics and home appliances (VIL). VIL is a licensee of the “Videocon Trademark” Videocon Telecommunications Limited to provide telecom services in 6 circles across India.

INTERPRETATION OF LAW & CONCLUSION:-

The Coram of the National Company Law Tribunal (NCLT) comprising of Shri Chandra Bhan Singh, a Technical Member and Smt. Suchitra Kanuparthi, a Judicial Member ordered the Goods and Service Tax (GST) Department was to restore the E-way bill facility for filling the Goods and Service Tax (GST), they must not take the coercive steps against the corporate debtors and GST department must receive the manual/physical filing of the GST regular returns.

Thus, all these directions will ensure the compliance of the GST laws by corporate debtors.

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