Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 6-12-2016 Last Replied Date:- 8-12-2016 – Payment of tax due Section 71 of the Model GST Law ( Law for short) provides that any amount payable by a taxable person in pursuance of an order passed under the Act shall be paid by such person within a period of 90 days from the date of service of such order. The proper officer is at his discretion to direct to pay the said amount within such short period as may be specified by him in the interest of revenue. The reasons for such order shall be recorded in writing. Recovery of tax Section 72 provides that if the taxable person fails to pay the tax payable consequent on any order within 90 days, the proper officer shall proceed to recover the amount. The amount may be recovered by any one of the following methods- The proper officer may deduct or may require any other specified officer to deduct the amount so payable from any money owing to such person which may be under the
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any pass book, deposit receipt, policy or any other document for the purpose of any entry, endorsement or the like being made payment is made, notwithstanding any rule, practice or requirement to the contrary; If such person fails to make the payment he shall be deemed to be a defaulter in respect of the amount specified in the notice and all the consequences of this Act or rules made there under shall follow; The officer issuing such a notice may amend or revoke such notice at any timeor from time to time or extend the time for making any payment in pursuance of the notice; Any person making any payment in compliance with a notice shall be deemed to have made payment under the authority of the person in default; Such payment being credited to the appropriate Government shall be deemed to constitute a good and sufficient discharge of the liability of such person to the person in default to the extent of the amount specified in the receipt; Any person discharging any liability to the pe
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isfy the amount for the dues and the remaining amount, if any, may be paid to the taxable person; The proper officer may issue a certificate to the District Collect to recover the amountas if it is an arrear of land revenue; The proper officer may file an application to the appropriate Magistrate and such Magistrate shall proceed to recover from such person the amount specified there under as if it were a fine imposed by him; Section 72(2) provides that where the terms of any bond or other instrument executed under the Act or any rules or regulations made there under provide that any amount due under such instrument may be recovered without prejudice to any other mode of recovery; Section 72(3) provides that where any amount of tax, interest or penalty is payable, the proper Officer of SGST, during the course of recovery of SGST arrears, may recover the amount from the said person as if it were an arrear of SGST and credit the amount so recovered to the account of Central Government. S
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prescribed. Where there is default in payment of any installment on its due date, the whole outstanding balance payable on such date shall become due and payable forthwith and shall, without any further notice being served on the person, be liable for recovery. Transfer of property to be void Section 75 provides that if a taxable person creates a charge on or parts with the property belonging to him or in his possession, in favor of any other person with the intention to defraud the Government revenue, such charge or transfer shall be void as against any claim in respect of any tax or any other sum payable by the said person. 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 this Act or without notice of such tax or other sum payable by the said person or with the previous permission of the proper officer. First charge Section 76 provides that any amount payable by a taxable person or any othe
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