Validity of summons issued u/s 70 - Proper officer - ...

Court Upholds Authority of Proper Officer to Issue Summons u/s 70 of CGST Act Despite Misinterpretation Claims.

June 26, 2021

Case Laws GST HC

Validity of summons issued u/s 70 - Proper officer - search/inspection proceedings u/s 67 of the CGST Act - Mr.Rastogi appears to have misread the powers of the Board to assign the officers to perform the function as proper officers in relation to the various Sections of the CGST Act, as the delegation of powers by the Commissioner to the other authority or the officer as contemplated in Section 167 of the CGST Act. The Court, therefore, does not find any substance in the submission of Mr.Rastogi that the respondent No.3 was not the ‘proper officer’ as per the definition contained in Section 2(91) of the CGST Act, and therefore, had no powers to issue summons under Section 70 of the CGST Act. - HC

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Validity of summons issued u/s 70 - Proper officer - ...

Court Upholds Authority of Proper Officer to Issue Summons u/s 70 of CGST Act Despite Misinterpretation Claims.

June 26, 2021

Case Laws GST HC

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