Rule 139 - Inspection, search and seizure
CGST Rules, 2017
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Finin2min Summary - Rule in 2 Minutes
INS-01 authorisation; INS-02 seizure order; INS-03 prohibition where seizure impracticable; signed inventory and custody controls.
Exact operative text
139. Inspection, search and seizure.- (1) Where the proper officer not below the rank of a Joint
Commissioner has reasons to believe that a place of business or any other place is to be visited for the
purposes of inspection or search or, as the case may be, seizure in accordance Inserted with effect from
11.01.2020 vide Notf no. 75/2019- CT dt.26.12.2019 Inserted vide Notf no.94/2020 - CT dt. 22.12.2020
Inserted vide Notf no. 33/2019-CT dt. 18.07.2019 Inserted vide Notf no. 33/2019-CT dt. 18.07.2019 Inserted
vide Notf no.79/2020-CT dt. 15.10.2020 wef 20.03.2020. Inserted vide Notf no. 74/2018-CT dt. 31.12.2018.
Made effective from 21.06.2019 vide Notf No. 22/2019-CT dt. 23.04.2019 Inserted vide Notf no. 14/2018- CT
dt. 23.03.2018 wef 01.04.2018 with the provisions of section 67, he shall issue an authorisation in FORM
GST INS-01 authorising any other officer subordinate to him to conduct the inspection or search or, as the
case may be, seizure of goods, documents, books or things liable to confiscation. (2) Where any goods,
documents, books or things are liable for seizure under sub-section (2) of section 67, the proper officer or an
authorised officer shall make an order of seizure in FORM GST INS-02. (3) The proper officer or an
authorised officer may entrust upon the the owner or the custodian of goods, from whose custody such
goods or things are seized, the custody of such goods or things for safe upkeep and the said person shall
not remove, part with, or otherwise deal with the goods or things except with the previous permission of such
officer. (4) Where it is not practicable to seize any such goods, the proper officer or the authorised officer
may serve on the owner or the custodian of the goods, an order of prohibition in FORM GST INS-03 that he
shall not remove, part with, or otherwise deal with the goods except with the previous permission of such
officer. (5) The officer seizing the goods, documents, books or things shall prepare an inventory of such
goods or documents or books or things containing, interalia, description, quantity or unit, make, mark or
model, where applicable, and get it signed by the person from whom such goods or documents or books or
things are seized.
Paragraph-wise decode
INS-01 authorisation; INS-02 seizure order; INS-03 prohibition where seizure impracticable; signed inventory and custody controls.
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
Apply the rule to the relevant form, period, portal event and evidence trail before reaching a compliance conclusion.
Professional alert
Verify the latest official active Rule page, amending Gazette and portal version before filing or advising.
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 rule 139 regulate?
- It regulates inspection, search and seizure. 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.