Payment of GST and Other Amounts in Installments

If the GST Registered taxable person is unable to pay the dues, taxes or interests or any kind of penalty, under GST in a round sum or within the due date, then the taxpayer may file an application to the GST Commissioner.

The application is a request to allow the taxpayer to pay the dues in Instalments. The Commissioner, then, can enable the Taxpayer to pay the dues in Instalments or extend the due date for the payment. The Reasons for both accepting and rejecting the application must be issued in writing.

The taxpayer should keep in mind the following while making payments in Instalments. Taxpayer may submit a request to a proper GST Officer, to get an option to pay tax amount in Instalments 

• Instalments must be paid every month
• The Number of Instalments must not exceed 24 Instalments overall- i.e., the duration of payment in Instalments can be extended not more than 2 years.
• Interest @ 18% must be paid along with the Instalment payment
• All Instalments must be paid on time if not then it causes the Instalments to cease and the entire outstanding balance will become due on that.         

 In case of GST Dues, the Transfer of Property is to be void:

Authorities under GST are in power to seize the properties belonging to the person who has not paid GST Dues yet, to recover the said dues amount.

The non-payer then creates a charge on the property owned by him or immediately transfers it through the means of sale, mortgage, or exchange to avoid the seizure, after the amount has become due. The Intention is deemed to commit fraud with the government by not paying Taxes.

In these types of cases, the transfer of property will become void. However, the transfer will

The intention is to defraud the government by not paying taxes. In such cases, the transfer of property will become void. Except for a few cases, when:-

• The transfer is made in Good faith
• The Taxpayer had not received the notice declaring the pendency of his tax dues
• The transfer has been made for adequate consideration

In a case, where previous permission was obtained from the proper authority