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Whether the IBC will prevail GST- Judgment 2024

 

Petitioner Eden Real Estates Pvt. Ltd. & Anr
Respondent The Assistant Commissioner of State Tax, Bhabanipur Charge & Ors.
 
Comment Whether the provisions of IBC will supersede  the provisions of GST. In case the supplier couldn’t pay the tax due to insolvency whether the ITC of the recipient can be held ineligible?

The order was stayed in this judgment.

Order no.  MAT 349 of 2024 +

IA No. CAN 1 of 2024

Court Kolkata High Court
Date of judgement 27.02.2024
Decision in Favour of Appellant

 

Copy of Judgment-

Profile photo of CA Shafaly Girdharwal CA Shafaly Girdharwal

CA

New Delhi, India

CA Shaifaly Girdharwal is a GST consultant, Author, Trainer and a famous You tuber. She has taken many seminars on various topics of GST. She is Partner at Ashu Dalmia & Associates and heading the Indirect Tax department. She has authored a book on GST published by Taxmann.

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