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GST - Highlights / Catch Notes

Home Highlights December 2021 Year 2021 This

Jurisdiction - lack of inherent jurisdiction with the Deputy ...


Deputy Commissioner Needs Proper Notification u/s 6 to Issue Notices; High Court Finds No Power Defect.

December 3, 2021

Case Laws     GST     HC

Jurisdiction - lack of inherent jurisdiction with the Deputy Commissioner to issue a notice - in the context of the Act, any officer of the Central Government who may become an officer under Act by virtue of his appointment thus made, under section 4(1) of the Act, would remain dependent on a further notification that may be issued under section 6 of the Act, regarding function assignment/sub-delegation made in his favour, by the State Government, before he may act as a “proper officer”, under Act. However, that requirement and condition of law would not attach to an officer of the “State tax”. - No defect exists in the exercise of power made by the Deputy Commissioner. - HC

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