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    <title>Improper GST Officer&#039;s Probe Renders Show Cause Notice Invalid, Court Directs Refund.</title>
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    <description>Respondent no. 2, an improper officer, substantially conducted investigation, inspection, search, seizure, and recorded statements against the petitioner. Respondent no. 1, the proper officer, issued a show cause notice u/s 74 of the CGST Act based on the investigation by respondent no. 2. The HC held that only a proper officer can investigate evasion of GST, conduct inspection, search, seizure, and arrest, failing which it is invalid. Respondent no. 1 cannot issue a notice based on the &#039;borrowed satisfaction&#039; of respondent no. 2. The impugned show cause notice issued by respondent no. 1 was set aside, and respondent no. 1 was directed to refund Rs. 50,00,000/- to the petitioner within eight weeks.</description>
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    <pubDate>Tue, 31 Dec 2024 08:43:12 +0530</pubDate>
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      <title>Improper GST Officer&#039;s Probe Renders Show Cause Notice Invalid, Court Directs Refund.</title>
      <link>https://www.taxtmi.com/highlights?id=84440</link>
      <description>Respondent no. 2, an improper officer, substantially conducted investigation, inspection, search, seizure, and recorded statements against the petitioner. Respondent no. 1, the proper officer, issued a show cause notice u/s 74 of the CGST Act based on the investigation by respondent no. 2. The HC held that only a proper officer can investigate evasion of GST, conduct inspection, search, seizure, and arrest, failing which it is invalid. Respondent no. 1 cannot issue a notice based on the &#039;borrowed satisfaction&#039; of respondent no. 2. The impugned show cause notice issued by respondent no. 1 was set aside, and respondent no. 1 was directed to refund Rs. 50,00,000/- to the petitioner within eight weeks.</description>
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      <pubDate>Tue, 31 Dec 2024 08:43:12 +0530</pubDate>
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