Chapter - XVIII of CGST Rules, 2017
DEMANDS AND RECOVERY
RULE 147. Recovery by sale of movable or immovable property (corresponding section 79)
(1) The proper officer shall prepare a list of movable and immovable
property belonging to the defaulter, 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:
Provided that the attachment of any property in 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 the manner provided in
rule 151.
(2) The proper officer shall send a copy of the order of attachment or distraint
to the concerned Revenue Authority or Transport Authority or any such Authority
to place encumbrance on the said movable or immovable property, which shall be
removed only on the written instructions from the proper officer to that effect.
(3) Where the property subject to the attachment or distraint under sub-rule (1)
is-
(a) an immovable property, the order of attachment or distraint shall be affixed
on the said property and shall remain affixed till the confirmation of sale;
(b) a movable property, the proper officer shall seize the said property in
accordance with the provisions of chapter XIV of the Act and the custody of the
said property shall either be taken by the proper officer
himself or an officer authorised by him.
(4) 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.
(5) Notwithstanding anything contained in the provision of this Chapter, where
the property to be sold is a negotiable instrument or a share in a corporation,
the proper officer may, instead of selling it by public auction, sell such
instrument or a share through a broker and the said broker shall deposit to the
Government so much of the proceeds of such sale, reduced by his commission, as
may be required for the discharge of the amount under recovery and pay the
amount remaining, if any, to the owner of such instrument or a share.
(6) 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, which may be returned to the unsuccessful bidders
or, forfeited in case the successful bidder fails to make the payment of the
full amount, as the case may be.
(7) 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 referred
to in sub-rule (4):
Provided that 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.
(8) Where any claim is preferred or any objection is raised with regard to the
attachment or distraint of any property on the ground that such property is not
liable to such attachment or distraint, the proper officer shall investigate the
claim or objection and may postpone the sale for such time as he may deem fit.
(9) The person making the claim or objection must adduce evidence to show that
on the date of the order issued under sub-rule (1) he had some interest in, or
was in possession of, the property in question under attachment or distraint.
(10) Where, upon investigation, the proper officer is satisfied that, for the
reason stated in the claim or objection, such property was not, on the said
date, in the possession of the defaulter or of any other person on his behalf or
that, being in the possession of the defaulter on the said date, it was in his
possession, not on his own account or as his own property, but on account of or
in trust for any other person, or partly on his own account and partly on
account of some other person, the proper officer shall make an order releasing
the property, wholly or to such extent as he thinks fit, from attachment or
distraint.
(11) Where the proper officer is satisfied that the property was, on the said
date, in the possession of the defaulter as his own property and not on account
of any other person, or was in the possession of some other person in trust for
him, or in the occupancy of a tenant or other person paying rent to him, the
proper officer shall reject the claim and proceed with the process of sale
through auction.
(12) 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 fifteen days
from the date of such notice and after the said payment is made, he shall issue
a certificate in FORM GST DRC-12 specifying the details of the property, date of
transfer, the details of the bidder and the amount paid and upon issuance of
such certificate, the rights, title and interest in the property shall be deemed
to be transferred to such bidder:
Provided that where the highest 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.
(13) Any amount, including stamp duty, tax or fee payable in respect of the
transfer of the property specified in sub-rule (12), shall be paid to the
Government by the person to whom the title in such property is transferred.
(14) Where the defaulter pays the amount under recovery, including any expenses
incurred on the process of recovery, before the issue of the notice under
sub-rule (4), the proper officer shall cancel the process of auction and release
the goods.
(15) 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.