Notices, Demands & Recovery

Tax to be first charge on property

Section 82, CGST Act

Chapter 15 Text as on 2026-09-05 Source CBIC

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Amendment history

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Section 82 makes GST dues a FIRST CHARGE on the person’s property, overriding other claims except those specified under the insolvency law.

What this means in practice

The parts that actually decide cases — the things a practitioner checks first.

1

The first charge yields to the Insolvency and Bankruptcy Code – once a resolution plan is approved, GST dues not admitted in it are extinguished (the Ghanashyam Mishra line of authority).

The exact words of the law

434 characters, unedited

Reproduced from the CBIC text. We explain it above — but you should always be able to read it yourself.

Read the full provision+
* Section 82. Tax to be first charge on property.- Notwithstanding anything to the contrary contained in any law for the time being in force, save as otherwise provided in the Insolvency and Bankruptcy Code, 2016, any amount payable by a taxable person or any other person on account of tax, interest or penalty which he is liable to pay to the Government shall be a first charge on the property of such taxable person or such person.

What changed, and when

The amendment trail, newest first — because the version that applies to your case depends on the period.

2017-07-01 · Commenced

Provision as originally enacted in the CGST Act, 2017 (Act 12 of 2017) and brought into force w.e.f. 01-07-2017.

Where this comes from

Text reproduced from the Central Board of Indirect Taxes and Customs, as available on 2026-09-05. The explanation and practice notes above are GSTZone’s own, written for this hub. If you spot anything out of date, tell us and we’ll fix it — this hub is checked daily against CBIC.

tax first chargesection 82

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This hub reproduces the text of the GST Acts and Rules as published by the Central Board of Indirect Taxes and Customs, along with our own plain-language explanations. It is general information, not legal advice for your specific facts — and the law changes. Always check the position for your own case before acting, and talk to us if the amount at stake matters.

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