NCLAT Delhi: Absence Of GST Refund/ITC Claim In Demand Notice Or Form 5 By OC Can't Become Ground Of Default For CIRP U/S 9 Of IBC

The National Company Law Appellate Tribunal ('NCLAT') Delhi, comprising Justice Ashok Bhushan (Chairperson), Mr. Barun Mitra (Technical Member), and  Mr. Arun Baroka (Technical Member) held that if no Goods and Services Tax (“GST”) refund/ Input Tax Credit (“ITC”) claim has been included in the Demand Notice under Section 8 of Insolvency and Bankruptcy Code, 20…