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        Case ID :
        GST

        Power of CBIC to issue circular and delegate the functions of...

        Court Upholds Validity of CBIC Circulars Delegating 'Proper Officer' Functions Under CGST Act Sections 3 and 5.

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                Power of CBIC to issue circular and delegate the functions of 'Proper officer' to issue Audit Report - The High Court held that the impugned circulars are intra vires and legally valid. It was concluded that the Central Government and the Board exercised their powers under Sections 3 and 5 of the CGST Act correctly. - The Court found that the officers who issued the audit report and show cause notices were indeed "proper officers" as defined under Section 2(91) of the CGST Act. The circulars assigning these functions were valid, and the actions taken by these officers were within their legal powers and jurisdiction.
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