Section 82 of GST – Tax to be first charge on property. Everything you want to know about GST Section 82. In this section you may find all details for “Tax to be first charge on property ” as per GST Act 2017. Detailed Analysis of GST Section 82 of GST Act 2017.
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Section 82 of GST – Tax to be first charge on property
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, 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.
Analysis of this Section
Introduction – Other than as provided under Insolvency and Bankruptcy Code, 2016, this provision shall have an overriding effect over the other provisions contained in any law for the time being in force. This provision provides that if any dues are payable by a taxable person or any other person to the government, then it would have first charge on the property of such taxable or other person.
Analysis
- (i) The provisions of this section would apply to a taxable person or any other person who is liable to pay tax, interest or penalty to Government.
- (ii) Any liability to be paid to the Government would be given priority in the matter of effecting recovery by placing a first charge on the property of the taxable person or any other person.
- (iii) This provision also covers any other person since there are other provisions in the Act, which provide for creating a liability or recovery from a person other than the taxable person like a legal representative, member of partitioned HUF etc.
- (iv) It would make it an interesting read of section 53 of IBC where a ‘waterfall’ provision lists Government dues way below several others. So, reference may be had to IBC which will prevail over GST law.
Comparative review
These provisions are broadly similar to the provisions contained,
1. Section 142A – Customs Act, 1962
2. Section 11E – Central Excise Act, 1944
3. Section 48 – Karnataka VAT Act, 2003
4. Section 88 – Finance Act, 1994
Frequently Asked Questions
When can the charge on property of taxable person be created?
The charge can be created only when taxable person or any other person is liable to pay tax or interest or penalty to Government.
Are unregistered persons covered under the said provision?
The section refers to both taxable person and any other person, on whose property first charge could be created. Hence, all persons as defined under Section 2(84) of the CGST Act would be covered, whether he is a taxable person or not.
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