Home GST Council Amends Sub-rule (2) of 159 & GST DRC-22 for 1 Year Validity of Provisional Attachment

Council Amends Sub-rule (2) of 159 & GST DRC-22 for 1 Year Validity of Provisional Attachment

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Council Amends Sub-rule (2) of 159 & GST DRC-22 for 1 Year Validity of Provisional Attachment

GST Provisional Attachment Order is Valid Only for One Year

On October seventh, 2023, the 52nd Items and Providers Tax (GST) Council Assembly, presided by the Union Finance Minister, was performed. The minister was accompanied by Income Secretary Sanjay Malhotra, State Finance Minister Pankaj Chaudhary, CBIC chairman ..and many others.

The Council has proposed an alteration to sub-rule (2) of Rule 159 inside the CGST Guidelines of 2017, in addition to to FORM GST DRC-22. This modification stipulates that the provisional attachment order in FORM GST DRC-22 will now not stay legitimate one 12 months after its issuance. This modification goals to simplify the method of releasing provisionally connected properties with out requiring a further, particular written order from the Commissioner, as soon as the one-year interval has elapsed.

By way of the authorized framework, the Commissioner possesses the authority, as per part 83 of the CGST Act, 2017, to provisionally seize a taxpayer’s property to be able to safeguard the pursuits of the Income. This provisional attachment order is executed via Type GST DRC-22.

Following the issuance of the Type GST DRC-22 order, the taxpayer has a window of seven days from the order’s date to file an objection. Throughout this time, the taxpayer can present causes for why the property in query shouldn’t be connected.

If the connected property is of a perishable or hazardous nature, the taxpayer is required to both settle the excellent tax liabilities or pay the property’s market worth, whichever is decrease. Upon settlement, the Commissioner will launch the property by issuing an order in DRC-23. Nonetheless, if the taxpayer refuses to both pay the property’s market worth or clear the related tax dues, the Commissioner could proceed to get rid of the property and apply the proceeds to offset the taxpayer’s excellent dues.

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