9911796707
TMI BlogGuidelines for initiation of recovery proceedings before 3 months from date of service of demand orderX X X X Extracts X X X X X X X X Extracts X X X X ..... Goa Goods and Services Tax Act, 2017 (Goa Act 4 of 2017)] The GST Policy Wing, Central Board of Indirect Taxes Customs, Ministry of Finance, Department of Revenue, Government of India, New Delhi has issued the above referred instruction. For the uniformity in implementation and in exercise of the powers conferred under Section 168 of the Goa Goods and Services Tax Act, 2017 (Goa Act 4 of 2017) it is hereby directed that the said instructions No. CBIC-20016/9/2024-GST/583 dated 30-05-2024 issued by the GST Policy Wing, Central Board of Indirect Taxes Customs, Ministry of Finance, Department of Revenue, Government of India shall be applicable, mutatis mutandis, in implementation of the Goa Goods and Services Tax Act, 2017 (Goa Act 4 of 2017) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecovery proceedings before three months from the date of service of demand order- regarding Attention is invited to sub-section (1) of section 79 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as the 'CGST Act'), which provides that where any amount payable by a person to the Government under any of the provisions of CGST Act or Rules made thereunder is not paid, the proper officer shall proceed to recover the amount by one or more of the modes specified in the said sub-section. Attention is further invited to Section 78 of the CGST Act, which provides for the time for initiation of such recovery proceeding. These sections are reproduced below for ease of reference: Section 78: Initiation of recovery procee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r recording the reasons for doing so in writing. If the said amount is not paid by the said taxable person within the period specified by the proper officer under the proviso to section 78 of CGST Act or even after the expiry of three months from the date of the service of the order, the same can then be recovered by the proper officer as per provisions of sub-section (1) of section 79 of CGST Act. 2. It has been brought to the notice of the Board that some of the field formations are initiating recovery before the specified period of three months from the date of service of the order, even in the cases where the taxable person has not been specifically required by the proper officer, for reasons to be recorded in writing, for payment of su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the reasons/ justification for such an action. The jurisdictional Principal Commissioner/ Commissioner of Central Tax shall examine the reasons/ justification given by the jurisdictional Deputy or Assistant Commissioner at the earliest and if he is satisfied that it is expedient in the interest of revenue to ask the said taxable person to pay the said amount before completion of three months from the date of service of the order, he must record in writing, the reasons as to why the concerned taxable person is required to make payment of such amount within such period, less than a period of three months, as may be specified by him. After recording such reasons in writing, he may issue directions to the concerned taxable person to pay the sai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... safeguarded due to specific apprehension/ circumstances in the said case. 3.4 Wherever such directions are issued by the jurisdictional Principal Commissioner/ Commissioner of Central Tax as per powers conferred under proviso to section 78 of CGST Act, and where the taxable person fails to make payment of the said amount within the period specified in the said directions, the jurisdictional Deputy or Assistant Commissioner of Central Tax shall proceed to recover the said amount as per the procedure specified in sub-section (1) of section 79 of CGST Act. 4. Difficulties, if any, in implementation of these instructions may be informed to the Board ([email protected]). (Sanjay Mangal) Principal Commissioner, GST - Circular - Trade Notice - Pu ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
