The High Court dismissed the petition filed by the Petitioner ...

Private firm's challenge to tax notice dismissed; CAG audit jurisdiction limited.

December 9, 2024

Case Laws     GST     HC

The High Court dismissed the petition filed by the Petitioner challenging the show cause notice issued by the Respondents. The Court held that the Comptroller and Auditor General (CAG) or its officials do not have jurisdiction to audit private companies like the Petitioner. Since the impugned show cause notice was not based on any audit undertaken by CAG/CERA, the Court did not delve into the issue of quashing the notice or prohibiting the Respondents from proceeding further. The Court found no infirmity in invoking the extended period of limitation as allegations of suppression or non-declaration were made in the show cause notice. The Court rejected the contention that the documents submitted or explanation offered by the Petitioner were not considered, stating that a show cause notice merely records a prima facie opinion and is not a judgment after adjudication.

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