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Section 81 – Transfer of property to be void in certain cases under CGST Act 2017

Detail analysis of notified Rules and the provisions of Section 81 (Transfer of property to be void in certain cases) of the Central Goods and Services Tax (CGST) Act, 2017.

Chapter XV (Sections 73-84) of the Central Goods and Services Tax (CGST) Act, 2017 deals with provisions related to Demands and Recovery. Section 81 of Central Goods and Services Tax Act, 2017 (12 of 2017) provides for Transfer of property to be void in certain cases under CGST Act 2017.

Recently, we have discussed in detail section 80 (i.e. Payment of tax and other amount in instalments) of CGST Act 2017. Today, we learn the provisions of section 81 of the CGST Act 2017. Complete Details of CGST Section 81 – Transfer of property to be void in certain cases. You may CLICK HERE to download list of all sections of CGST Act 2017 in PDF format.

Notes on Section 81 of CGST Act 2017

Section 81 of CGST Act 2017 shall come into force on 01.07.2017 vide Notification No. 9/2017 – Central Tax, G.S.R. 658(E), dated 28.06.2017. In this note, you will learn detail of the provisions of section 81 of CGST Act 2017 read with Central GST Rules 2017.

Where a person, after any amount has become due from him, creates a charge on or parts with the property belonging to him or in his possession by way of sale, mortgage, exchange, or any other mode of transfer whatsoever of any of his properties in favour of any other person with the intention of defrauding 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:

Provided that, such charge or transfer shall not be void if it is made for adequate consideration, in good faith 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.

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