Post-search scrutiny assessment remains available where original assessment limitation is unexpired, permitting timely completion under regular assess...
Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
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HC examined the legality of the suspension of the petitioner, a State Tax Officer, under the U.P. Government Servant (Discipline and Appeal) Rules, 1999. Considering that the petitioner had submitted an adverse investigation report against the concerned firm on 03-12-2024, which formed the basis of the subsequent show cause notice dated 05-12-2024, and that GST credit was claimed thereafter on 13-01-2025, HC held that no prima facie misconduct warranting suspension was made out. Consequently, the suspension order dated 23-08-2025 issued by the Commissioner, State Tax, Uttar Pradesh, Lucknow was quashed. However, HC clarified that the authorities are at liberty to initiate and conclude a departmental inquiry within four months. The writ petition was disposed of accordingly.
HC examined the legality of the suspension of the petitioner, a State Tax Officer, under the U.P. Government Servant (Discipline and Appeal) Rules, 1999. Considering that the petitioner had submitted an adverse investigation report against the concerned firm on 03-12-2024, which formed the basis of the subsequent show cause notice dated 05-12-2024, and that GST credit was claimed thereafter on 13-01-2025, HC held that no prima facie misconduct warranting suspension was made out. Consequently, the suspension order dated 23-08-2025 issued by the Commissioner, State Tax, Uttar Pradesh, Lucknow was quashed. However, HC clarified that the authorities are at liberty to initiate and conclude a departmental inquiry within four months. The writ petition was disposed of accordingly.
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