Answer

GST

Recovery after the assessment stands

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  1. Facts

    The assessed amount becomes recoverable. The department can start recovery, including attaching bank accounts.

  2. Provisions and law

    • Sec 62, CGST Act 2017If the return is still not filed, the officer can assess tax to the best of judgement; the order is withdrawn if a valid return is filed within 60 days, or a further 60 days with extra late fee of ₹100 a day
    • Sec 79, CGST Act 2017Recovery of tax, including attachment of bank accounts and property
    • Sec 107, CGST Act 2017Appeal within 3 months of the order
  3. Analysis

    Circular 129/48/2019-GST says recovery under Sec 79 can follow if the return is not filed. The order can be appealed under Sec 107 within 3 months, with a pre-deposit. Example: ASMT-13 for ₹5 lakh; if you appeal, a 10 percent pre-deposit of the disputed tax is needed. Take advice quickly, because time limits for both appeal and recovery run in parallel.

  4. Conclusion

    1. Check the date of the order and the appeal deadline.
    2. Talk to a CA about an appeal with a pre-deposit.
    3. Keep your actual sales and purchase records ready.
    4. Do not ignore recovery notices.

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