Rule 158 - Payment of tax and other amounts in instalments
CGST Rules, 2017
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Finin2min Summary - Rule in 2 Minutes
DRC-20 instalment application; Commissioner may seek report and issue DRC-21, subject to exclusions and default acceleration.
Exact operative text
158. Payment of tax and other amounts in instalments.-(1) On an application filed electronically by a taxable
person, in FORM GST DRC- 20, seeking extension of time for the payment of taxes or any amount due
under the Act or for allowing payment of such taxes or amount in instalments in accordance with the
provisions of section 80, the Commissioner shall call for a report from the jurisdictional officer about the
financial ability of the taxable person to pay the said amount. (2) Upon consideration of the request of the
taxable person and the report of the jurisdictional officer, the Commissioner may issue an order in FORM
GST DRC- 21 allowing the taxable person further time to make payment and/or to pay the amount in such
monthly instalments, not exceeding twenty-four, as he may deem fit. (3) The facility referred to in sub-rule (2)
shall not be allowed where- (a) the taxable person has already defaulted on the payment of any amount
under the Act or the Integrated Goods and Services Tax Act, 2017 or the Union Territory Goods and Services
Tax Act, 2017 or any of the State Goods and Services Tax Act, 2017, for which the recovery process is on;
(b) the taxable person has not been allowed to make payment in instalments in the preceding financial year
under the Act or the Integrated Goods and Services Tax Act, 2017 or the Union Territory Goods and Services
Tax Act, 2017 or any of the State Goods and Services Tax Act, 2017; (c) the amount for which instalment
facility is sought is less than twenty-five thousand rupees.
Paragraph-wise decode
DRC-20 instalment application; Commissioner may seek report and issue DRC-21, subject to exclusions and default acceleration.
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 158 regulate?
- It regulates payment of tax and other amounts in instalments. 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.