TMI BlogTax Recovery Proceeding Under GST Law [Section 79]X X X X Extracts X X X X X X X X Extracts X X X X ..... xpiry of the period specified in the said intimation, the proper officer shall proceed to recover the amount that remains unpaid in accordance with the provisions of rule 143 or rule 144 or rule 145 or rule 146 or rule 147 or rule 155 or rule 156 or rule 157 or rule 160. Mode of Recovery of Tax [Section 79] Where any amount payable by a person to the Government under this Act or the rules made thereunder is not paid. The proper officer shall proceed to recover the amount by one or more of the following modes, namely: a) Recovery by deduction from any money Owed [ Section 79(1)(b) read with Read with rule 143 of CGST Rules] Where any amount payable or not paid, by a person to the Government , the proper officer may require, in FORM GST DRC-09 , a specified officer to deduct the amount from any money owing to such defaulter. b) Procedure of Recovery by selling of goods under the control of proper officer [Section 79(1)(b) read with Rule 144 of CGST Rules] Goods sold to the extent recovery of demand the proper officer shall prepare an inventory and estimate the market value of such goods and proceed to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le of the money when it is equal to or less than that amount; Notice is biding on third person every person to whom the notice is issued in written in Form GST DRC-13 shall be bound to comply with such notice, and in particular, where any such notice is issued to a post office, banking company or an insurer, it shall not be necessary to produce any pass book, deposit receipt, policy or any other document for the purpose of any entry, endorsement or the like being made before payment is made, notwithstanding any rule, practice or requirement to the contrary; Default in payment by the third person The person to whom a notice in written in Form GST DRC-13 has been issued, fails to make the payment in pursuance thereof to the Government, he shall be deemed to be a defaulter in respect of the amount specified in the notice and all the consequences of this Act or the rules made thereunder shall follow; Extension for payment by third person The officer issuing a notice i n written in Form GST DRC-13 may, at any time, amend or revoke such notice or extend the time for making any payment in pursuance of the notice; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on; Procedure of Recovery from sale of immovable or movable property [Read rule 147] Prepare the list of movable or immovable property The proper officer shall prepare a list of movable and immovable property belonging to the defaulter, and estimate their value as per the prevalent market price and issue an order of attachment or distraint and a notice for sale in FORM GST DRC- 16 prohibiting any transaction with regard to such movable and immovable property as may be required for the recovery of the amount due: Property which can attached in debt and shares [Rule 151] Attachment of any property as a debt not secured by a negotiable instrument, a share in a corporation, or other movable property not in the possession of the defaulter except for property deposited in, or in the custody of any Court, shall be attached in by a written order in FORM GST DRC-16 prohibiting.- in the case of a debt , the creditor from recovering the debt and the debtor from making payment thereof until the receipt of a further order from the proper officer; in the case of a share , the person in whose name the share may be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... covery, including any expenses incurred on the process of recovery, before the issue of the notice in FORM GST DRC-17 the proper officer shall cancel the process of auction and release the goods. Cancelled the auction and proceed for re-auction The proper officer shall cancel the process and proceed for re-auction where no bid is received or the auction is considered to be non-competitive due to lack of adequate participation or due to low bids. Date of submission of Bid and Specified Pre-bid Deposit The last day for the submission of the bid or the date of the auction shall not be earlier than fifteen days from the date of issue of the notice in FORM GST DRC- 17 Exception:- where the goods are of perishable or hazardous nature or where the expenses of keeping them in custody are likely to exceed their value, the proper officer may sell them forthwith. The proper officer may specify the amount of pre-bid deposit to be furnished in the manner specified by such officer, to make the bidders eligible to participate in the auction, Pre-bid deposit may be returned to the unsuccessful bidders or, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t bid is made by more than one person and one of them is a co-owner of the property, he shall be deemed to be the successful bidder. Prohibition against bidding or purchase by officer [Rule 148] No officer or other person having any duty to perform in connection with any sale under the provisions of this Chapter shall, either directly or indirectly, bid for, acquire or attempt to acquire any interest in the property sold. Prohibition against sale on holiday [Rule 149] No sale under the rules under the provision of this chapter shall take place on a Sunday or other general holidays recognized by the Government or on any day which has been notified by the Government to be a holiday for the area in which the sale is to take place. Assistance by police [Rule 150] The proper officer may seek such assistance from the officer-in-charge of the jurisdictional police station as may be necessary in the discharge of his duties and the said officer-in-charge shall depute sufficient number of police officers for providing such assistance. Disposal of proceeds of sale of goods and movable or immovable property [Rule 154] ..... X X X X Extracts X X X X X X X X Extracts X X X X
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