ॐ असतो मा सद्गमय
Yes. Notwithstanding anything to the contrary contained in any law for the time being force, save as otherwise provided in the Insolvency and Bankruptcy Code, 2016, first charge shall be on –
(a) the property of taxable person in respect of any amount payable by such taxable person, or
(b) the property of any other person on account of tax, interest or penalty which he is liable to pay to the Government.
(ICAI FAQ PUBLICATIONS 06-09-2017 Tax to be first charge on property: FAQ NO. 54)
Such charge or transfer shall be void against any claim in respect of any tax or any other sum payable by the said person. However, such charge or transfer shall not be void, if it is made for adequate consideration and without notice of the pendency of such proceedings under the Act, or without notice of such tax or other sum payable by the said person, or with the previous permission of the proper officer.
(ICAI FAQ PUBLICATIONS 06-09-2017 Transfer of property to be void in certain cases: FAQ NO. 53)
Where there is default in payment of any one installment on its due date by the taxable person, the whole outstanding balance payable on such date shall become due and payable forthwith, without any further notice. The proper officer can initiate recovery of dues.
(ICAI FAQ PUBLICATIONS 06-09-2017 Payment of tax and other amount in installments: FAQ NO. 52)
No. The proper officer shall have the power to allow payment of any amount due under this Act in installments on tax other than the self-assessed tax.
(ICAI FAQ PUBLICATIONS 06-09-2017 Payment of tax and other amount in installments: FAQ NO. 51)
The facility of payment of tax dues in installments shall not be allowed where:
(a) The taxable person has already defaulted in payment of any amount under the CGST Act or IGST Act or UTGST Act or any SGST Act for which recovery process in on;
(b) The taxable person has not been allowed to make payment in installments in the preceding financial year under the CGST Act or IGST Act or UTGST Act or any SGST Act;
(c) The amount for which installment facility is sought is less than ` 25,000/-.
(ICAI FAQ PUBLICATIONS 06-09-2017 Payment of tax and other amount in installments: FAQ NO. 50)
Yes. On receipt of application filed by a taxable person in Form GST DRC-20, the Commissioner, after recording reasons in writing, shall issue an order in Form GST DRC-21 extending the time for payment or allowing payment of any amount due under the Act in monthly installments not exceeding 24, subject to payment of interest under section 50 with such restrictions and conditions as may be prescribed.
(ICAI FAQ PUBLICATIONS 06-09-2017 Payment of tax and other amount in installments: FAQ NO. 49)
Commissioner may either extend the time limit for payment of tax or allow the taxpayer to make the payment of tax in installments.
(ICAI FAQ PUBLICATIONS 06-09-2017 Payment of tax and other amount in installments: FAQ NO. 48)
Yes. During the course of recovery of tax arrears, the proper officer of the Central tax may recover such amount from a taxable person as if were an arrear of Central tax and credit the amount so recovered to the account of the Government.
(ICAI FAQ PUBLICATIONS 06-09-2017 Recovery of tax: FAQ NO. 47)
Yes. During the course of recovery of tax arrears, the proper officer of the State tax or Union Territory tax may recover such amount from a taxable person as if were an arrear of State tax or Union Territory tax and credit the amount so recovered to the account of the Government.
(ICAI FAQ PUBLICATIONS 06-09-2017 Recovery of tax: FAQ NO. 45)
Yes. Proper officer may issue notice to post office, banking company or any insurer and they are required to comply with the same without insisting on production of any passbook, deposit receipt, policy or any other document.
(ICAI FAQ PUBLICATIONS 06-09-2017 Recovery of tax: FAQ NO. 44)