Facts of the Case
M/s Royal Enterprises, through its proprietor Pawan Kumar
Mishra, approached the Patna High Court challenging coercive GST recovery
proceedings initiated pursuant to a demand reflected in FORM GST DRC-07 dated
31 December 2021 for the tax period April 2018 to March 2019.
The petitioner sought quashing of DRC-13 bearing No. 2123
dated 23 August 2022, issued to the State Bank of India, CSTPPA Branch,
Bhagalpur, for recovery of Rs. 1,33,53,723 from the petitioner’s bank account.
The petitioner also challenged DRC-13 bearing No. 2124 dated
23 August 2022, issued for third-party recovery to:
- Executive
Engineer, Rural Works Department, Works Division, Babu Tola, Kahalgaon;
- NTPC
Ltd., Fraser Road, Dak Bunglow Chowk, Patna; and
- Rural
Works Department, Works Division, Bhagalpur.
Through these proceedings, recovery of Rs. 1,33,53,723 was
sought by deduction from amounts payable by such third parties to the
petitioner against the demand arising from FORM GST DRC-07 dated 31 December
2021.
The petitioner further sought a direction restraining the
respondents from proceeding with third-party recovery through DRC-13 against
the demand for the tax period April 2018 to March 2019.
The petitioner requested that an opportunity be granted to
discharge the outstanding demand in installments under Section 80 of the GST
Act, 2017. The petitioner also claimed adjustment/deduction of an alleged
excess paid or refundable amount of Rs. 25,70,729.
The petitioner additionally sought release of its bank account
maintained with the State Bank of India, CSTPPA Branch, Bhagalpur, and
contended that the manner of recovery of tax, interest, and penalty through
DRC-13 violated the principles of natural justice.
Issues Involved
The principal issues before the Patna High Court were:
- Whether
the petitioner could be permitted to discharge the outstanding GST demand
of Rs. 1,33,53,723 along with accrued statutory interest in installments.
- Whether
coercive recovery proceedings through FORM GST DRC-13, including
attachment of the petitioner’s bank account, should continue while the
petitioner was making payment under the installment arrangement.
- Whether
third-party recovery directions should remain operative during the period
in which the petitioner complied with the agreed payment schedule.
- Whether
relief concerning payment in installments could be granted in the factual
circumstances where the petitioner did not intend to challenge the
underlying demand order.
- What
protection should be granted against bank account attachment and
third-party recovery until complete payment of the outstanding liability.
Petitioner’s Arguments
The petitioner sought protection against recovery proceedings
initiated through DRC-13 and requested permission to pay the outstanding amount
in installments.
During the proceedings, the petitioner clarified that it did
not intend to challenge the impugned demand order.
The petitioner requested permission to pay the outstanding sum
of Rs. 1,33,53,723, together with interest accrued thereon, in six equal
installments.
The petitioner also undertook to deposit Rs. 20 lakh on or
before 31 October 2022.
The petitioner’s broader case was that immediate recovery
through attachment of the bank account and binding third parties would cause
prejudice and that an installment facility should be permitted for discharge of
the outstanding GST liability.
Respondent’s Arguments
The State initially resisted the petitioner’s request for
payment in installments.
However, since the petitioner expressed readiness to pay
interest on the outstanding amount, the State ultimately raised no objection
and, in principle, agreed to the arrangement proposed by the petitioner.
Thus, the matter came to be resolved on mutually agreeable
terms concerning payment of the outstanding amount together with statutory
interest.
Court Order / Findings
The Patna High Court disposed of the writ petition on mutually
agreeable terms and issued the following operative directions:
- Payment
of Outstanding GST Demand:
The petitioner was directed to pay Rs. 1,33,53,723 together with interest at the rate prescribed under the statute, accruing with effect from 31 December 2021. - Payment
in Six Equal Installments:
The amount was permitted to be paid in six equal installments commencing from 1 November 2022. - Upfront
Deposit of Rs. 20 Lakh:
The petitioner undertook to deposit Rs. 20 lakh on or before 31 October 2022. - Bank
Account Attachment Kept in Abeyance:
The order dated 23 August 2022, insofar as it related to attachment of the petitioner’s bank account, was directed to remain in abeyance. - Third-Party
Recovery Suspended:
The order binding third parties was also directed to remain suspended until the petitioner completed payment in all respects. - Disposal
of Proceedings:
The writ petition was disposed of on the above mutually agreeable terms. Any pending interlocutory application was also disposed of.
Important Clarification
A significant clarification arising from the judgment is that
the petitioner did not intend to challenge the underlying demand order. The
controversy before the Court ultimately centered on the mode and schedule of
payment and the continuation of coercive recovery measures during such payment.
The High Court’s relief was based on mutually agreeable terms
between the parties. Therefore, the decision should not be read as a general
declaration that every taxpayer has an unconditional or automatic right to
obtain six installments for payment of a GST demand.
The Court specifically required payment of the outstanding sum
of Rs. 1,33,53,723 along with interest at the statutory rate accruing from 31
December 2021. The suspension of bank account attachment and third-party
recovery was linked to the petitioner making payment completely in accordance
with the arrangement.
The judgment is particularly relevant in cases involving
severe recovery action where the taxpayer does not challenge the substantive
demand but seeks a structured payment mechanism and temporary protection
against coercive recovery.
Sections and GST Provisions Involved
·
Section 80 of the GST Act, 2017 – Payment of Tax
and Other Amounts in Installments
·
Section 79 of the GST Act, 2017 – Recovery of Tax
·
Section 79(1)(c) – Recovery from Third Persons
·
Rule 145 of the GST Rules – Recovery from a Third
Person
·
FORM GST DRC-07 – Summary of Order Creating Demand
· FORM GST DRC-13 – Notice to a Third Person
Link to download the order -
https://www.mytaxexpert.co.in/uploads/1783420276_1455compressed.pdf
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