Actionable Claim u/s 2(1) of the CGST Act, 2017
– By CA Nidhi Agrawal
This Article draws reference to Section 2(1) of the CGST Act, 2017 which defines actionable claim as:
“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 (TPA) provides that:
“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 recognize as affording grounds for relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent”.