Rule 144 - Recovery by sale of goods under the control of proper officer
CGST Rules, 2017
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Finin2min Summary - Rule in 2 Minutes
DRC-10 auction of goods under officer control; valuation, notice, bid, payment, certificate and re-auction safeguards.
Exact operative text
144. Recovery by sale of goods under the control of proper officer.- (1) Where any amount due from a
defaulter is to be recovered by selling goods belonging to such person in accordance with the provisions of
clause (b) of sub-section (1) of section 79, the proper officer shall prepare an inventory and estimate the
market value of such goods and proceed to sell only so much of the goods as may be required for
recovering the amount payable along with the administrative expenditure incurred on the recovery process.
(2) The said goods shall be sold through a process of auction, including e-auction, for which a notice shall be
issued in FORM GST DRC-10 clearly indicating the goods to be sold and the purpose of sale. (3) The last
day for submission of bid or the date of auction shall not be earlier than fifteen days from the date of issue of
the notice referred to in sub-rule (2): Provided that where the goods are of perishable or hazardous nature or
where the expenses of keeping them in custody are likely to exceed their value, the proper officer may sell
them forthwith. (4) The proper officer may specify the amount of pre-bid deposit to be furnished in the
manner specified by such officer, to make the bidders eligible to participate in the auction, which may be
returned to the unsuccessful bidders, forfeited in case the successful bidder fails to make the payment of the
full amount, as the case may be. (5) The proper officer shall issue a notice to the successful bidder in FORM
GST DRC-11 requiring him to make the payment within a period of fifteen days from the date of auction. On
payment of the full bid amount, the proper officer shall transfer the possession of the said goods to the
successful bidder and issue a certificate in FORM GST DRC-12. (6) Where the defaulter pays the amount
under recovery, including any expenses incurred on the process of recovery, before the issue of the notice
under sub-rule (2), the proper officer shall cancel the process of auction and release the goods. (7) The
proper officer shall cancel the process and proceed for re-auction where no bid is received or the auction is
considered to be non-competitive due to lack of adequate participation or due to low bids. Inserted vide Notf
no. 60/2018 - CT dt. 30.10.2018
Paragraph-wise decode
DRC-10 auction of goods under officer control; valuation, notice, bid, payment, certificate and re-auction safeguards.
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 144 regulate?
- It regulates recovery by sale of goods under the control of proper officer. 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.