Jurisdiction - The complaint filed by respondent No.2 cannot be ...

Complaint Valid Without Prior Sanction; Section 132(6) CGST Act Applies Post-Investigation During Charge-Sheet Presentation.

March 22, 2021

Case Laws GST HC

Jurisdiction - The complaint filed by respondent No.2 cannot be said to be beyond his jurisdiction because the previous sanction of the Commissioner as provided for under Section 132(6) of CGST Act, would be required only after the conclusion of the investigation and at the stage of presentation of charge-sheet/final report under Section 173 Cr.P.C., when judicial notice of the offence(s) are taken for the first time by a Court of law. Lodging of the FIR does not amount to prosecution and is clearly distinguishable from prosecution. - HC

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Jurisdiction - The complaint filed by respondent No.2 cannot be ...

Complaint Valid Without Prior Sanction; Section 132(6) CGST Act Applies Post-Investigation During Charge-Sheet Presentation.

March 22, 2021

Case Laws GST HC

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