Section 2(1) of CGST Act: Meaning of “Actionable Claim”
As per Section 2(1) of the Central Goods and Services Tax (CGST) Act, 2017, unless the context otherwise requires, the term “actionable claim” has been defined, as under:
Section 2(1) of CGST Act: Definition of “Actionable Claim” (CHAPTER I – PRELIMINARY)
“actionable claim” shall have the same meaning as assigned to it in section 3 of the Transfer of Property Act, 1882.
Section 3 of the Transfer of Property Act, 1882
Actionable claim means a claim to any debt, other than a debt secured by mortgage of immovable property or by hypothecation or pledge of movable property, or to any beneficial interest in movable property not in the possession, either actual or constructive, of the claimant, which the civil courts recognise as affording grounds for relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent.
The Central Goods and Services Tax (CGST) Act, 2017 was notified by Govt. on 12 April, 2017 and CBIC has notified the commencement date for various Sections/ Provisions thereof from time to time. Subsequently, Govt. has notified the Central Goods and Services Tax (CGST) (Amendment) Act, 2018 on 30 Aug. 2018. However, commencement date of amended provisions of various Sections is to be separately notified by CBIC, except where specifically mentioned in the CGST Amendment Act, 2018 itself.