| CHAPTER - XVIII DEMANDS AND RECOVERY 147. Recovery by sale of movable or immovable  property.-   (1) The  proper officer shall prepare a list of movable  and immovable property belonging to the defaulter, estimate their value as per  the prevalent market price and  issue an order of attachment or distraint and a notice for sale in  FORM GST DRC-  16 prohibiting any transaction with  regard to such movable and immovable property as may be required for the  recovery of the amount due: Provided that the  attachment of any property in a debt not secured by a negotiable instrument, a  share in a corporation, or other  movable property not in the possession of the defaulter except for property  deposited in, or in the custody of  any Court, shall be attached in the manner provided in rule 151. (2) The proper officer shall send a copy of the order of  attachment or distraint to the concerned Revenue Authority or  Transport Authority or any such Authority to place encumbrance on the said  movable or immovable property, which  shall be removed only on the written instructions from the proper officer to  that effect. (3) Where the property subject to the attachment or distraint  under sub-rule (1) is- (a) an immovable property, the order of attachment or distraint  shall be affixed on the said property and shall  remain affixed till the confirmation of sale; (b) a movable property, the proper officer shall seize the said  property in accordance with the provisions of  chapter XIV of the Act and the custody of the said property shall either be  taken by the proper officer himself  or an officer authorised by him. (4) The property attached or distrained shall be sold through  auction, including e-auction, for which a notice shall be  issued in  FORM GST DRC- 17  clearly indicating the property to be sold and the  purpose of sale. (5) Notwithstanding anything contained in the provision of this  Chapter, where the property to be sold is a negotiable  instrument or a share in a corporation, the proper officer may, instead of  selling it by public auction, sell  such instrument or a share through a broker and the said broker shall deposit to  the Government so much of the  proceeds of such sale, reduced by his commission, as may be required for the  discharge of the amount under recovery  and pay the amount remaining, if any, to the owner of such instrument or a  share. (6) The proper officer may specify the amount of pre-bid deposit  to be furnished in the manner specified by such officer,  to make the bidders eligible to participate in the auction, which may be  returned to the unsuccessful bidders or,  forfeited in case the successful bidder fails to make the payment of the full  amount, as the case may be. (7) The last day for the submission of the bid or the date of  the auction shall not be earlier than fifteen days from the  date of issue of the notice referred to in sub-rule (4): Provided that where the goods are of perishable or hazardous  nature or where the expenses of keeping them  in custody are likely to exceed their value, the proper officer may sell them  forthwith. (8) Where any claim is preferred or any objection is raised with  regard to the attachment or distraint of any property on  the ground that such property is not liable to such attachment or distraint, the  proper officer shall investigate the  claim or objection and may postpone the sale for such time as he may deem fit. (9) The person making the claim or objection must adduce  evidence to show that on the date of the order issued under  sub-rule (1) he had some interest in, or was in possession of, the property in  question under attachment or distraint. (10) Where, upon investigation, the proper officer is satisfied  that, for the reason stated in the claim or objection, such  property was not, on the said date, in the possession of the defaulter or of any  other person on his behalf or that,  being in the possession of the defaulter on the said date, it was in his  possession, not on his own account or as  his own property, but on account of or in trust for any other person, or partly  on his own account and partly on account  of some other person, the proper officer shall make an order releasing the  property, wholly or to such extent  as he thinks fit, from attachment or distraint. (11) Where the proper officer is satisfied that the property  was, on the said date, in the possession of the defaulter as  his own property and not on account of any other person, or was in the  possession of some other person in trust for  him, or in the occupancy of a tenant or other person paying rent to him, the  proper officer shall reject the claim and  proceed with the process of sale through auction. (12) The proper officer shall issue a notice to the successful  bidder in  FORM GST DRC-11 requiring him to make  the payment within a period of fifteen days from the date of such notice and  after the said payment is made, he  shall issue a certificate in  FORM GST DRC-12  specifying the details of the  property, date of transfer, the details  of the bidder and the amount paid and upon issuance of such certificate, the  rights, title and interest in the property  shall be deemed to be transferred to such bidder: Provided that where the  highest bid is made by more than one person and one of them is a co-owner of the property, he shall be deemed to be the  successful bidder. (13) Any amount, including stamp duty, tax or fee payable in  respect of the transfer of the property specified in sub-rule  (12), shall be paid to the Government by the person to whom the title in such  property is transferred. (14) Where the defaulter pays the amount under recovery,  including any expenses incurred on the process of recovery,  before the issue of the notice under sub-rule (4), the proper officer shall  cancel the process of auction and  release the goods. (15) The proper officer shall cancel the process and proceed for  re-auction where no bid is received or the auction is  considered to be non-competitive due to lack of adequate participation or due to  low bids. |