Outline

⚫ Determination of Tax.
⚫ General provisions relating to determination of tax.
⚫ Tax collected but not paid to Government.
⚫ Tax wrongfully collected and paid.
⚫ Initiation of recovery proceedings.
⚫ Recovery of Tax.
⚫ Payment of tax and other amount in installments.
⚫ Transfer of property to be void in certain cases.
⚫ Tax to be first charge on property
⚫ Provisional attachments.
⚫ Quick Evaluation.
 Determination of Tax
⚫ When it appears to proper officer that:
 Tax has not been paid
 Short paid
 Erroneously refunded
 ITC has been wrongly availed or utilized

⚫ He shall issue a notice in Form GST DRC 01 mentioning

such details for the tax period .
Determination of tax not paid or short paid or
erroneously refunded
Section 73: Applicable in case of non-
Section 74: Applicable in case of non-
payment or short payment of tax
payment or short payment of tax with
without fraud or willful-
fraud or willful-misstatement.
misstatement.

Proper officer to issue a Show Cause Notice in both cases (In FORM GST DRC-01)

Mere statement containing the non-payment or short payment can be served for
subsequent periods instead of detailed show cause notice, only if the grounds
raised are identical to the ones raised in the previous year. (In FORM GST DRC-02)

Time limit for the proper officer Time limit for the proper officer to
to issue notice – at least 3 months issue notice – at least 6 months
prior to issuance of order prior to issuance of order

Time limit for the proper officer Time limit for the proper officer to
to issue an order is within three issue an order is within five years
years from the due date / actual from the due date / actual date of
date of filing of annual filing of annual return (In Form
return.(In Form GST DRC 07) GST DRC 07)
 Penalty in case of other than fraud or willful-
misstatement under Section 73
Situation Penalty Amount
Before issuance of show No penalty
cause notice
Within 30 days after the No penalty
issuance of the show cause
notice
After 30 days of issuance of 10% of tax or Rs. 10,000
show cause notice or after whichever is higher
the issuance of order
Penalty in case of fraud or willful-misstatement
under Section 74
Situation Penalty Amount
Before issuance of show cause 15% of the tax amount
notice
Within 30 days after the 25% of the tax amount
issuance of show cause notice
Within 30 days from the 50% of the tax amount
issuance of order
In any other case 100% of the tax amount
(equivalent to tax)
 General provisions relating to determination of tax

⚫ Where the service of notice or issuance of order is stayed by

an order of a court or Appellate Tribunal, the period of such
stay shall be excluded in computing the time limit for
passing order.

⚫ Where any Appellate Authority or Appellate Tribunal or

court concludes that the notice issued under sub-section
(1) of section 74 is not sustainable for the reason that the
charges of fraud or any wilful-misstatement or suppression
of facts to evade tax has not been established, the proper
officer shall determine the tax payable by such person,
deeming as if the notice were issued under sub-section (1)
of section 73.
 General provisions relating to determination of tax
⚫ An order in pursuance of the direction of the Appellate
Authority or Appellate Tribunal or a court, shall be issued
within two years from the date of communication.

⚫ An opportunity of hearing shall be granted where a request

is received in writing from the person chargeable with tax
or penalty, or where any adverse decision is contemplated
against such person.

⚫ The proper officer shall, grant time to the said person and
adjourn the hearing for reasons to be recorded in writing.

⚫ No such adjournment shall be granted for more than three

times to a person during the proceedings.
 General provisions relating to determination of tax
⚫ The proper officer, in his order, shall set out the relevant
facts and the basis of his decision.

⚫ The amount of tax, interest and penalty demanded in the

order shall not be in excess of the amount specified in the
notice .

⚫ No demand shall be confirmed on the grounds other than

the grounds specified in the notice.

⚫ Where the Appellate Authority or Appellate Tribunal or

court modifies the amount of tax determined by the proper
officer, the amount of interest and penalty shall stand
modified accordingly, taking into account the amount of
tax so modified.
 General provisions relating to determination of tax
⚫ The interest on the tax short paid or not paid shall be
payable whether or not specified in the order
determining the tax liability.

⚫ Where any penalty is imposed under section 73 or

section 74, no penalty for the same act or omission
shall be imposed on the same person under any other
provision of this Act.
 Tax collected but not paid to Government
⚫ Every person who has collected from any other person
any amount as representing the tax under this Act, and
has not paid the said amount to the Government, shall
forthwith pay the said amount to the Government,
irrespective of whether the supplies in respect of
which such amount was collected are taxable or not.

⚫ If tax mentioned above is not paid a notice shall be

issued and orders to be issued within one year of
notice.
Tax wrongfully collected and paid (Section 77)
⚫ A registered person who has paid the Central tax and
State tax , on a transaction considered by him to be an
intra-State supply, but which is subsequently held to
be an inter-State supply, shall be refunded the amount
of taxes so paid.

⚫ No interest is required to pay

Initiation of recovery proceedings (Section 78)
⚫ Any amount payable by a taxable person in pursuance
of an order passed under this Act shall be paid within a
period of three months from the date of service.

⚫ Proper officer in the interest of revenue, may, for

reasons to be recorded in writing, require the said
taxable person to make such payment within such
period less than a period of three months
 Recovery of Tax (Section 79)
⚫ The proper officer may deduct or may require any
other specified officer in Form GST DRC-09 to deduct
the amount so payable from any money owing to such
person.
 Detaining and selling of goods
⚫ The proper officer may recover or may require any other
specified officer recover the amount so payable by
detaining and selling any goods belonging to such person.
⚫ Notice shall be issued in FORM GST DRC-10 clearly
indicating the goods to be sold and the purpose of sale.
⚫ The proper officer shall issue a notice to the successful
bidder in FORM GST DRC-11 requiring him to make the
payment within a period of 15 days from the date of
auction.
⚫ On payment of the full bid amount the possession of the
said goods shall be transferred to the successful bidder and
issue a certificate in FORM GST DRC-12.
 Recovery from third parties
⚫ The proper officer may, by a notice in Form GST DRC-13,
require any other person from whom money is due or may
become due to such person or who holds or may
subsequently hold money for or on account of such person,
to pay to the credit of the Central or a State Government.

⚫ Where the third person makes the payment of the amount

specified in the notice in FORM GST DRC-13, then the
proper officer shall issue a certificate in FORM GST DRC-14
to the third person clearly indicating the details of the
liability so discharged
 Detaining / attachment of movable or immovable property
and adjustment of tax dues from sale proceeds
⚫ The proper officer may, on an authorization by the
competent authority, distrain any movable or
immovable property belonging to or under the control
of such person, and detain the same until the amount
payable is paid.
⚫ Thereby issue an order of attachment or distrain 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
Detaining / attachment of movable or immovable property and
adjustment of tax dues from sale proceeds

⚫ If the due remains unpaid for a period of 30 days after any

such distress, he may cause the said property to be sold.

⚫ The property attached or distrained shall be sold through

auction, including e-auction, for which a notice shall be
issued in FORM GST DRC- 17 clearly indicating the
property to be sold and the purpose of sale.

⚫ With the proceeds of such sale, proper officer may satisfy

the amount payable and the costs including cost of sale
remaining unpaid and pay the surplus amount, if any, to
such person
Recovery of tax dues as arrears of land revenue
⚫ The proper officer may prepare a certificate signed by
him specifying the amount due from such person and
send such certificate to the Collector of the District in
FORM GST DRC-18 in which such person owns any
property or resides or carries on his business and on
receipt of such certificate.

⚫ The Collector shall proceed to recover from such

person the amount specified as if it were an arrear of
land revenue
 Recovery through Court
⚫ Where an amount is to be recovered as if it were a fine
imposed under the Code of Criminal Procedure, 1973,
the proper officer shall make an application before the
appropriate Magistrate in FORM GST DRC-19 to
recover from the defaulter, the amount specified there
under as if it were a fine imposed by him.
 Recovery from Company in liquidation
⚫ Where the Company is under liquidation, the
Commissioner shall notify the liquidator for the
recovery of any amount representing tax, interest,
penalty or any other amount due under the Act in
FORM GST DRC-24.

⚫ For the purposes of Section 79 of the GST Act, the

word person shall include “distinct persons”.
 Payment of tax and other amount in
installments (Section 80)
⚫ To be granted by Commissioner (In FORM GST DRC-
21) , on an application filed by a taxable person(FORM
GST DRC- 20).
⚫ Reasons to be recorded in writing.
⚫ Can extend the time for payment or allow payment of
any amount due in monthly installments not
exceeding twenty four (interest to be paid).
⚫ On default in payment of any one installment on its
due date, the whole outstanding balance payable on
such date shall become due
Transfer of property to be void in certain cases –
Section 81
•The said provision is for protecting the
Government revenue by avoiding transfer of
property by a taxable person to another person.

•This would prevent any attempt to defraudthe

revenue by alienating the properties.

• The said provision would be applicable only

when any tax would become due.
 Transfer of property to be void in certain cases
⚫ The following acts done by a person, in favour of
any another person, after the tax becomes due,
would be void
Situations / cases – Void Situations / cases – valid
Creates a charge on; or Made for adequate consideration and
Parts with the property Without notice of the pendency of
proceeding
Belonging to him; or Without notice of such tax or other
sum payable by the said person,
In his possession By way of sale, With previous permission of the
mortgage, exchange, or any other proper officer.
mode of transfer whatsoever of
any of his properties.
Tax to be first charge on property (Section 82)

⚫ Any amount payable by a taxable person or any other

person on account of tax, interest or penalty which he
is liable to pay to the Government shall be a first
charge on the property of such taxable person or such
person.

⚫ Notwithstanding anything to the contrary contained

in any law for the time being in force, save as otherwise
provided in the Insolvency and Bankruptcy Code,
2016.
Provisional attachment (Section 83)
⚫ This section applies only during the pendency of
any proceedings under

Section 62 Assessment of non-filers of returns

Section 63 Assessment of unregistered persons
Section 64 Summary assessment in certain special cases
Section 67 Power of inspection, search and seizure
Section 73 Determination of tax not paid or short paid or
erroneously refunded other then fraud
Section 74 Determination of tax not paid or short paid or
erroneously refunded in case of fraud
 Provisional attachment (Section 83)
⚫ The Commissioner for the purpose of protecting the
interest of the Government revenue, by order in
writing(In FORM GST DRC-22) attach provisionally
any property, including bank account, belonging to
the taxable person.

⚫ Every such provisional attachment shall cease to have

effect after the expiry of a period of one year from the
date of the order
 Continuation and validation of certain recovery
proceedings ( Section 84)
In case the Government dues are reduced in any appeal,
revision or in other proceedings – the Commissioner
1) Is not required to serve fresh notice of demand upon the
taxable person;
2) Shall intimate such reduction to taxable person and also
to appropriate authority with whom recovery proceedings
are pending;
3)Any recovery proceedings are initiated prior to the
disposal of such appeal, revision application or other
proceeding may be continued in relation to the amount so
reduced from the stage at which such proceedings stood
immediately before such disposal.
 Continuation and validation of certain recovery
proceedings ( Section 84)
⚫ If notice of demand is already served on taxable
person before appeal, revision or any other
proceedings, then recovery of enhanced amount, if
any , would be continued from the stage at which
the initial proceedings stood.

⚫ There is no need to issue a fresh notice of demand

to the extent already covered by earlier notice.
 Quick Evaluation
1) Maximum number of monthly installments permissible under section 80 is:
(a) 6 (b) 12 (c) 18 (d) 24

2) Under section 79, Recovery of amount payable by a defaulter can be made from relative of the
defaulter ,who have to pay amount to the defaulter.
True/False

3) The time limit for payment of tax demand is ………………from the date of service of the order.
(a) 3 months (b) 100 days (c) 8 months (d) 16 months

4) Who can Provisionally attach property under section 83:

a) Commissioner
b) Joint Commissioner on permission from Commissioner
c) Joint Commissioner
d) Any proper officer on permission by commissioner

5) Where any person chargeable with tax under Section 73(1) or 73 (3) pays the said tax along with
interest payable under section 50 within thirty days of issue of show cause notice, penalty of 10% of
tax mentioned in notice shall be payable .
True/False
 Quick Evaluation
6) The proper officer shall issue the notice under section 74(1) (Wilful cases) at least six
months prior to the time limit specified for issuance of order.
True/False

7) The amount of tax, interest and penalty demanded in the order can exceed the amount
specified in the Notice.
True/False

8) Maximum amount of penalty mentioned under section 74 (Wilful cases) is

⚫ Equivalent to value of goods/services/both
⚫ Equivalent to value of goods/services/both reduced by tax
⚫ 100% of tax specified in the notice
⚫ 50% of tax specified in the notice

9) Whether interest is payable on the tax short paid or not paid even if it is not specified in the
order determining the tax liability?
Yes/No

10) Additional Commissioner has power to grant Installments for payment of any amount due.
True/False
THANK YOU