Transfer of property to be void in certain cases

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Central Goods and Service Tax Act, 2017

Transfer of property to be void in certain cases (Sec. 81)


(1) Where a person, after any amount has become due from him, creates a charge on or parts with the property belonging to him or in his possession by way of sale, mortgage, exchange, or any other mode of transfer whatsoever of any of his properties in favour of any other person with the intention of defrauding the Government revenue, such charge or transfer shall be void as against any claim in respect of any tax or any other sum payable by the said person:

Provided that, such charge or transfer shall not be void if it is made for adequate consideration, in good faith and without notice of the pendency of such proceedings under this Act or without notice of such tax or other sum payable by the said person, or with the previous permission of the proper officer.

Notes

  • This section provides that transfer of property would be void in certain specified circumstances.

Also Read  Determination of tax not paid or short paid or erroneously re-funded or input tax credit wrongly availed or utilised by reason of fraud or any wilful misstatement or suppression of facts
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