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CGST Act Section 83: Provisional attachment to protect revenue in certain cases | Finin2min

Section 83 - Provisional attachment to protect revenue in certain cases

Chapter XV - Demands and Recovery
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Source control: The text/status on this page is tied to the official source gateway and the Phase 1 legal-review register. Open official source.

Finin2min Summary - Section in 2 Minutes

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.

Exact operative text

Paragraph-wise decode

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.

Section-Rule-Form-Notification bridge

No direct Rule certified in Phase 1. Check notifications, circulars, forms and corresponding State law.

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 bank account is attached during section 74A proceedings; taxpayer files DRC-22A objection with working-capital and ownership evidence.

Professional alert

Attachment must be necessary and proportionate, not an automatic response to every investigation.

Implementation checklist

  1. Fix the transaction, taxable period and jurisdiction.
  2. Read every subsection, proviso, explanation and omission marker.
  3. Open the mapped Rule, form, notification and circular.
  4. Test State/UT variation and portal version.
  5. Preserve evidence, approvals, working papers and acknowledgements.
  6. Record the conclusion, assumptions, source date and reviewer.

Evidence and retention checklist

Practical Q&A

What does section 83 regulate?
It regulates provisional attachment to protect revenue in certain cases. 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.