Rule 144 of CGST Rules - Recovery by sale of goods under the control of proper officer

Rule 144 of CGST Rules - Recovery by sale of goods under the control of proper officer

(updated as on 15.11.2017)

(1) Where anyamount due from a defaulter is to be recovered by selling goods belonging to such person inaccordance with the provisions of clause (b) of sub-section (1) of section 79, the properofficer shall prepare an inventory and estimate the market value of such goods and proceedto sell only so much of the goods as may be required for recovering the amount payablealong with the administrative expenditure incurred on the recovery process. (2) The said goods shall be sold through a process of auction, including e-auction, for whicha notice shall be issued in FORM GST DRC-10 clearly indicating the goods to be sold andthe purpose of sale. (3) The last day for submission of bid or the date of auction shall not be earlier than fifteendays from the date of issue of the notice referred to in sub-rule (2): Provided that where the goods are of perishable or hazardous nature or where theexpenses of keeping them in custody are likely to exceed their value, the proper officer maysell them forthwith. (4) The proper officer may specify the amount of pre-bid deposit to be furnished in themanner specified by such officer, to make the bidders eligible to participate in the auction,which may be returned to the unsuccessful bidders, forfeited in case the successful bidderfails to make the payment of the full amount, as the case may be. (5) The proper officer shall issue a notice to the successful bidder in FORM GST DRC-11requiring him to make the payment within a period of fifteen days from the date of auction.On payment of the full bid amount, the proper officer shall transfer the possession of thesaid goods to the successful bidder and issue a certificate in FORM GST DRC-12. (6) Where the defaulter pays the amount under recovery, including any expenses incurred onthe process of recovery, before the issue of the notice under sub-rule (2), the proper officershall cancel the process of auction and release the goods. (7) The proper officer shall cancel the process and proceed for re-auction where no bid isreceived or the auction is considered to be non-competitive due to lack of adequateparticipation or due to low bids.

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CHAPTER - XVIII

DEMANDS AND RECOVERY

Chapter XVIIIof CGST Rules,2017 consists of twenty rules relating to Demand & Recovery Rulesunder the GST regime. All this rules are available for your ready reference. Rule 142 :Notice and order for demand of amounts payable under the Act Rule 143 :Recovery by deduction from any money owed Rule 144 :Recovery by sale of goods under the control of proper officer Rule 145 :Recovery from a third person Rule 146 :Recovery through execution of a decree, etc. Rule 147 :Recovery by sale of movable or immovable property Rule 148 : Prohibition against bidding or purchase by officer Rule 149 :Prohibition against sale on holidays Rule 150 :Assistance by police Rule 151 :Attachment of debts and shares, etc. Rule 152 :Attachment of property in custody of courts or Public Officer Rule 153 :Attachment of interest in partnership Rule 154 :Disposal of proceeds of sale of goods and movable or immovable property Rule 155 :Recovery through land revenue authority Rule 156 :Recovery through court Rule 157 :Recovery from surety Rule 158 :Payment of tax and other amounts in installments Rule 159 :Provisional attachment of property Rule 160 :Recovery from company in liquidation Rule 161 :Continuation of certain recovery proceedings

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