Rule 154 of CGST Rules 2017: Disposal of Proceeds of Sale of Goods and Movable or Immovable Property

Provisions under Rule 154 of the Central Goods and Services Tax (CGST) Rules, 2017 relating to “Disposal of Proceeds of Sale of Goods and Movable or Immovable Property”, are as under:

CGST Rule 154: Disposal of Proceeds of Sale of Goods or Conveyance and Movable or Immovable Property (Chapter-XVIII: DEMANDS AND RECOVERY) [rule 154 substituted from 01/01/2022: refer Note 1]

(1) The amounts so realised from the sale of goods or conveyance, movable or immovable property, for the recovery of dues from a defaulter or for recovery of penalty payable under sub-section (3) of section 129 shall,-

(a) first, be appropriated against the administrative cost of the recovery process;

(b) next, be appropriated against the amount to be recovered or to the payment of the penalty payable under sub-section (3) of section 129, as the case may be;

(c) next, be appropriated against any other amount due from the defaulter 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 and the rules made thereunder; and

(d) the balance, if any, shall be credited to the electronic cash ledger of the owner of the goods or conveyance as the case may be, in case the person is registered under the Act, and where the said person is not required to be registered under the Act, the said amount shall be credited to the bank account of the person concerned;

(2) where it is not possible to pay the balance of sale proceeds, as per clause (d) of sub-rule (1), to the person concerned within a period of six months from the date of sale of such goods or conveyance or such further period as the proper officer may allow, such balance of sale proceeds shall be deposited with the Fund.

Amendments History:

1. Rule 154 substituted from 01/01/2022 vide Notification 40/2021. Text thereof before substitution:

“154. Disposal of Proceeds of Sale of Goods and Movable or Immovable Property

The amounts so realised from the sale of goods, movable or immovable property, for the recovery of dues from a defaulter shall,-

(a) first, be appropriated against the administrative cost of the recovery process;

(b) next, be appropriated against the amount to be recovered;

(c) next, be appropriated against any other amount due from the defaulter 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 and the rules made thereunder; and

(d) any balance, be paid to the defaulter.”

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