Sec 82 – Tax to be first charge on property

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Sec 82 – Tax to be first charge on property 2017-04-14T11:28:06+00:00

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  • Ashish BadalaCA Ashish Badala
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    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.

    Priya MadrechaPriya Madrecha
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    82.1    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.
    82.2    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 many 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.
    82.3 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
    5.    Section
    82.4    Related provisions
    Section     Description     Remarks
    Section 76     Tax to be first charge on property     This section is an overriding section and states that any tax, interest and penalty payable to the Central or a State Government shall be the first charge on the property of the taxable or any other person who is liable to make such payment.
    82.5    FAQ
    Q1. When can the charge on property of taxable person be created?
    Ans. The charge can be created only when taxable person or any other person is liable to pay tax or interest or penalty to Government.
    Q2. Are unregistered persons covered under the said provision?
    Ans. 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(73) of the CGST Act would be covered, whether he is a taxable person or not.
    82.6    MCQ
    Q1. What liabilities can be recovered under this section?
    (a)     Interest       (b)     Tax
    (c)    Penalty
    (d)    All of the above
    Ans. (d) All of the above
    Q2. Mr. Richie Poor, has the following properties, which of the below would be treated as attracting first charge.
    (a)    Richie Nilaya, a mansion in the name of Mr. Richie
    (b)    Mrs. Richie’s fixed deposit
    (c)    Richie’s neighbour, Mrs. Y’s Jewellery
    (d)    None of the above
    Ans. (a) Richie Nilaya, a mansion in the name of Mr. Richie

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