Section 82 - Tax to be first charge on property
Finin2min Summary - Section in 2 Minutes
Creates a first charge for GST dues, subject to the Insolvency and Bankruptcy Code and other express statutory provisions. IBC priority can override the GST first charge. Asset-security and insolvency analysis must consider the governing special law.
Exact operative text
Paragraph-wise decode
Creates a first charge for GST dues, subject to the Insolvency and Bankruptcy Code and other express statutory provisions. IBC priority can override the GST first charge. Asset-security and insolvency analysis must consider the governing special law.
Section-Rule-Form-Notification bridge
The mapping is a legal concordance, not a round-robin related-link list. It is limited to instruments certified in this phase.
Practical example
A company enters CIRP with GST arrears; claims are handled under the IBC process rather than ordinary recovery alone.
Professional alert
Do not state that GST always ranks first; the statutory IBC carve-out is explicit.
SECTION 83 Provisional attachment to protect revenue in certain cases BARE ACT - OPERATIVE TEXT 83. Provisional attachment to protect revenue in certain cases.-(1) Where, after the initiation of any proceeding under Chapter XII, Chapter XIV or Chapter XV, the Commissioner is of the opinion that for the purpose of protecting the interest of the Government revenue it is necessary so to do, he may, by order in writing, attach provisionally, any property, including bank account, belonging to the taxable person or any person specified in sub-section
(1A) of section 122, in such manner as may be prescribed.
(2) Every such provisional attachment shall cease to have effect after the expiry of a period of one year from the date of the order made under sub-section
(1). DECODED IN SIMPLE LANGUAGE Allows provisional attachment after initiation of specified proceedings where Commissioner considers it necessary to protect revenue. Written order and property/bank-account identification are required. Attachment ceases after one year. Rule 159 provides DRC-22, objection and release mechanisms. PRACTICAL EXAMPLE A bank account is attached during section 74A proceedings; taxpayer files DRC-22A objection with working-capital and ownership evidence. SENIOR PROFESSIONAL ALERT Attachment must be necessary and proportionate, not an automatic response to every investigation.
Implementation checklist
- Fix the transaction, taxable period and jurisdiction.
- Read every subsection, proviso, explanation and omission marker.
- Open the mapped Rule, form, notification and circular.
- Test State/UT variation and portal version.
- Preserve evidence, approvals, working papers and acknowledgements.
- Record the conclusion, assumptions, source date and reviewer.
Evidence and retention checklist
- Contract, purchase order, invoice or underlying transaction document.
- Registration, return, ledger, challan and portal acknowledgement.
- Official Act/Rule/notification version used and effective date.
- Internal tax position paper, computation and management approval.
- Correspondence, notices, replies, orders and appeal papers where applicable.
Practical Q&A
- What does section 82 regulate?
- It regulates tax to be first charge on property. Read the exact text, conditions, exceptions and transaction date together.
- Which subordinate law should be checked?
- No direct CGST Rule has been certified in this phase. Notifications, circulars, forms and the corresponding SGST/UTGST layer may also apply.
- What evidence should be retained?
- Preserve the contract or transaction record, invoice or form, portal acknowledgement, payment/ledger evidence, correspondence, legal working and the official source version used.
- Can portal behaviour override the statute?
- No. Portal functionality is operational evidence; legal entitlement and liability remain controlled by the Act, Rules, notifications and binding decisions.