The Central Board of Indirect Taxes and Customs (CBIC) has issued new guidelines for the procedure of provisional attachment of property under Section 83(2) of the CGST Act, 2017. This update clarifies the process when such attachments, including bank accounts, cease to have effect after one year. To assist taxpayers and address issues raised in court, Commissioners will now issue formal intimations to relevant authorities and banks, confirming the release of the attached property, referencing the original attachment order and Section 83(2).
Subject: Procedure to be followed with respect to sub-section (2) of section 83 of CGST Act, 2017 when provisional attachment of property ceases to have effect - reg.
Attention is invited to section 83 of the CGST Act, 2017. It has the provisions to issue order for provisional attachment of property, including bank account, to protect interests of revenue in appropriate cases. At present, the procedure for provisional attachment and release/restoration of such property is prescribed in rule 1
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FAQ :
Provisional attachment of property, including bank accounts, is used to protect the interests of revenue in appropriate cases.
Section 83(2) states that every provisional attachment shall cease to have effect after one year from the date of the order.
The CBIC has released a procedure for Commissioners to issue intimations to concerned authorities or banks when a provisional attachment ceases to have effect after one year, as per Section 83(2).
The intimation will include particulars of the original attachment order (Form DRC-22), reference to Section 83(2) of the CGST Act, and confirmation of the release of the property or account.
Yes, a copy of the intimation regarding the release of the provisional attachment will be provided to the person concerned.
Yes, the procedure is to be implemented immediately, including for dealing with similar pending cases.