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[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section
(i)]
Government of India
Ministry of Finance
(Department of Revenue)
Central Board of Indirect Taxes and Customs
Notification No. 11/2020 – Central Tax
New Delhi, the 21st March, 2020
G.S.R.....(E).–In exercise of the powers conferred by section 148 of the Central Goods and
Services Tax Act, 2017 (12 of 2017) (hereinafter referred to as the said Act), the Government,
on the recommendations of the Council, hereby notifies those registered persons(hereinafter
referred to as the erstwhile registered person), who are corporate debtors under the provisions
of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), undergoing the corporate
insolvency resolution process and the management of whose affairs are being undertaken by
interim resolution professionals (IRP) or resolution professionals (RP), as the class of persons
who shall follow the following special procedure, from the date of the appointment of the
IRP/RP till the period they undergo the corporate insolvency resolution process, as mentioned
below.
2. Registration.- The said class of persons shall, with effect from the date of appointment of
IRP / RP, be treated as a distinct person of the corporate debtor, and shall be liable to take a
new registration (hereinafter referred to as the new registration)in each of the States or Union
territories where the corporate debtor was registered earlier, within thirty days of the
appointment of the IRP/RP:
Provided that in cases where the IRP/RP has been appointed prior to the date of this
notification, he shall take registration within thirty days from the commencement of this
notification, with effect from date of his appointment as IRP/RP.
3. Return.- The said class of persons shall, after obtaining registration file the first return
under section 40 of the said Act, from the date on which he becomes liable to registration till
the date on which registration has been granted.
4. Input tax credit.-(1)The said class of persons shall, in his first return, be eligible to avail
input tax credit on invoices covering the supplies of goods or services or both, received since
his appointment as IRP/RP but bearing the GSTIN of the erstwhile registered person, subject
to the conditions of Chapter V of the said Act and the rules made thereunder, except the
provisions of sub-section (4) of section 16 of the said Act and sub-rule (4) of rule 36 of the
Central Goods and Service Tax Rules, 2017 (hereinafter referred to as the said rules).
(2)Registered persons who are receiving supplies from the said class of persons shall, for the
period from the date of appointment of IRP / RP till the date of registration as required in this
notification or thirty days from the date of this notification, whichever is earlier, be eligible to
avail input tax credit on invoices issued using the GSTIN of the erstwhile registered person,
subject to the conditions of Chapter V of the said Act and the rules made thereunder, except
the provisions of sub-rule (4) of rule 36 of the said rules.
(5) Any amount deposited in the cash ledger by the IRP/RP, in the existing registration, from
the date of appointment of IRP/RP to the date of registration in terms of this notification shall
be available for refund to the erstwhile registration.
Explanation.- For the purposes of this notification, the terms “corporate debtor”, “corporate
insolvency resolution professional”, “interim resolution professional” and “resolution
professional” shall have the same meaning as assigned to them in the Insolvency and
Bankruptcy Code, 2016 (31 of 2016).
[F.No.20/06/03/2020-GST]
(Pramod Kumar)
Director, Government of India
