2023 (4) TMI 1119

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....ING CHIEF JUSTICE CHAKRADHARI SHARAN SINGH AND HONOURABLE MR. JUSTICE MADHURESH PRASAD For the Petitioners : Mr. Ajay Kumar Rastogi, Sr. Advocate Mr.Alok Kumar Shahi, Advocate Mrs. Archana Sinha, Advocate For the Respondents : Mr.Anshuman Singh, Sr. Standing Counsel (CGST &CX) ORDER The petitioner claims to be a Members Club which was established in the year 1865. It is the petitioner's ca....

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.... Loss Account and Form 26 AS for the Financial Years 2017-18, 2018-19, 2019-20, 2020-21 and 2021-22; and trial Balance Sheet for the Financial Year 2022-23. The petitioner has also been asked to produce copy of bank statements of the bank accounts related to the club from 01.07.2017 till date as per the said impugned summons. Mr. Ajay Kumar Rastogi, learned Senior Counsel appearing on behalf of t....

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....or to 01.01.2022. Learned counsel for the Union of India has, on the other hand, submitted that it is not apparent from the pleadings in the writ petition that the petitioner is registered under the CGST Act or Bihar Goods and Services Tax Act, 2017. Section 70 of the CGST Act, which confers upon the proper officer to summon any person, reads as under:- "70. Power to summon persons to give evi....

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....nt or any other thing in any inquiry in the same manner, as provided in the case of a civil court under the provisions of the Code of Civil Procedure, 1908. In view of the wide scope of Section 70 of the CGST Act, we are not inclined to interfere with the impugned summons. It will, however, be open to the petitioner to take a plea before the proper officer under Section 70 of the CGST Act while ....