Intelligence Officer empowered to pass order under GST

[CA Bimal Jain]

The Hon’ble Madras High Court in the case of TVL. SRI PARANJOTHI TRADERS, REPRESENTED BY ITS AUTHORISED REPRESENTATIVE, RAMALINGAM RAJALAKSHMI VERSUS THE STATE TAX OFFICER (INTELLIGENCE) , MADURAI - 2024 (7) TMI 529 - MADRAS HIGH COURT dismissed the writ petition and thereby held that the Intelligence Officer is empowered to pass the orders under GST when the same falls within the definition of proper officer under Section 2(91) of the Central Goods and Services Tax Act (“the CGST Act”).

Facts:

Tvl. Sri Paranjothi Traders (“the Petitioner”) subsequent to filing of writ petition relating to granting of proper opportunity of personal hearing and disposal thereof prior to taking into consideration the explanation provided by the Petitioner, the Revenue Department (“the Respondent”) passed the order dated August 04, 2023 (“the Impugned Order”) wherein the orders are passed by the State Intelligence Officer.

Held:

The Hon’ble Madras High Court in the case of TVL. SRI PARANJOTHI TRADERS, REPRESENTED BY ITS AUTHORISED REPRESENTATIVE, RAMALINGAM RAJALAKSHMI VERSUS THE STATE TAX OFFICER (INTELLIGENCE) , MADURAI - 2024 (7) TMI 529 - MADRAS HIGH COURT, relying upon the judgment of the Hon’ble Madras High Court in the case of M/S. RASATHE GARMENTS VERSUS THE STATE TAX OFFICER (ST) (INSPN.) , TIRUNELVELI, THE COMMISSIONER OF COMMERCIAL TAXES - 2024 (6) TMI 481 - MADRAS HIGH COURT held that there is no embargo on the intelligence officer to pass the order when the same falls within the definition of proper officer as contemplated under Section 2(91) of the CGST Act especially when the officers passing the Impugned Order were different even though they were of same department. Therefore, the writ petition is dismissed and directed the Petitioner to avail the remedy of statutory appeal to address its grievances.

Relevant Provision:

Section 2(91) of the CGST Act:

Section 2(91) "proper officer" in relation to any function to be performed under this Act, means the Commissioner or the officer of the central tax who is assigned that function by the Commissioner in the Board;

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