Answer

GST

Bank account attached for GST recovery

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  1. Facts

    After the payment period ends, Sec 79 allows recovery, including by a notice to your bank or debtors in DRC-13 directing them to pay the department. Filing an appeal with pre-deposit stays recovery of the balance under Sec 107(7).

  2. Provisions and law

    • Sec 79, CGST Act 2017Recovery of dues, including from bank accounts and third parties
    • Sec 107(7), CGST Act 2017Recovery of the balance is stayed once the pre-deposit is paid
    • Sec 78, CGST Act 2017Amount in an order is payable within three months, after which recovery starts
  3. Analysis

    If you plan to appeal, file now with pre-deposit and send the acknowledgement to the officer and the bank. If you accept the demand, pay it or apply for instalments. Recovery notices issued before the three-month window ends are allowed only with recorded reasons, which you can challenge.

  4. Conclusion

    1. Get a copy of DRC-13 and check the date
    2. File APL-01 with pre-deposit if appealing
    3. Send the appeal acknowledgement to the officer and the bank
    4. If accepting, pay or apply for instalments

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