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of <h1>GST officer's suspension quashed for properly processing refund later exploited by fraudsters</h1> <h3>S. Doctor Viswanathan Versus The State of Tamil Nadu, The Commissioner of Commercial Taxes, Chennai</h3> S. Doctor Viswanathan Versus The State of Tamil Nadu, The Commissioner of Commercial Taxes, Chennai - TMI Issues Involved:1. Legality of the suspension order issued against the petitioner.2. Compliance with statutory duties and regulations by the petitioner.3. Verification and processing of refund claims.4. Prima facie evidence against the petitioner.5. Public interest and potential revenue loss.Issue-wise Detailed Analysis:1. Legality of the Suspension Order:The petitioner challenged the suspension order issued by the 2nd respondent in Proc.No.CD2/5566023/2023 dated 01.11.2023. The court examined whether the suspension was justified, considering the principles laid down in Union of India and another Vs. Ashok Kumar Aggarwal (2013) 16 SCC 147. The court noted that suspension should not be exercised arbitrarily and must be based on a strong prima facie case involving moral turpitude, grave misconduct, or indiscipline.2. Compliance with Statutory Duties and Regulations:The petitioner, a State Tax Officer, argued that he processed the refund claim of Rs. 69,01,127/- by Khan Traders in strict compliance with Rule 54 of the CGST Rules and the circular dated 23.03.2020. The petitioner verified the documents and checked the ICEGATE site before granting the refund. The court noted that the petitioner followed the prescribed procedures and verified the necessary documents as per the circular.3. Verification and Processing of Refund Claims:The respondents contended that the petitioner failed to verify the e-way bills, leading to a fraudulent refund claim. The court highlighted that the circular dated 23.03.2020 did not mandate the physical verification of e-way bills. The petitioner had verified the export invoices, shipping bills, ICEGATE, and EPDMS details, which was deemed sufficient compliance.4. Prima Facie Evidence Against the Petitioner:The court emphasized that for a suspension to be justified, there must be strong prima facie materials against the petitioner. The court found no evidence of moral turpitude or grave misconduct by the petitioner. The petitioner's actions were in line with the statutory requirements and circular provisions.5. Public Interest and Potential Revenue Loss:The court acknowledged the public interest and the loss to the exchequer due to the fraudulent refund claim. However, it noted that the petitioner's suspension was not justified as there were no strong prima facie materials against him. The court directed the respondents to post the petitioner in an insensitive post in a different station to ensure the departmental proceedings could continue without disruption.Judgment:The court quashed the impugned suspension order dated 01.11.2023 and directed the respondents to post the petitioner in an insensitive post in a different station. The court instructed the respondents to complete the departmental proceedings within three months, ensuring sufficient opportunity for the petitioner to present his case. The writ petition was allowed, and the connected miscellaneous petition was closed with no costs.
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