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Orders signed by same officer in dual capacity not maintainable.

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..... Orders signed by same officer in dual capacity not maintainable.
By: - Bimal jain
Goods and Services Tax - GST
Dated:- 30-10-2024

The Hon'ble Madras High Court in the case of M/s S.R.S .....

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..... . Construction v. The State Tax Officer (Data Analytics) [2024 (7) TMI 1348 - MADRAS HIGH COURT] set aside the orders which have been signed by the same officer in dual capacity, holding that such ord .....

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..... ers are liable to be set aside. Facts: M/s S.R.S. Construction ("the Petitioner") had challenged the Assessment Orders dated February 23, 2024 ("the Impugned Order") passed under Section 74 of the C .....

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..... entral Goods and Services Act, 2017 ("the CGST Act") for the assessment years 2020-21 and 2021-22 ("the Impugned Period") Impugned Orders were passed by the same individual in the capacity as State Ta .....

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..... x Officer (Data Analytics) (Intelligence Wing), Virudhunagar and Commercial Tax Officer. Held: The Hon'ble Madras High Court in the case of [2024 (7) TMI 1348 - MADRAS HIGH COURT] taking into consid .....

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..... eration the fact that the Department is not in a position to clarify as why the same officer has signed the respective Impugned Order under two different heads, thereby, the Impugned Orders was set as .....

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..... ide the matter was remitted back for reconsideration.
Scholarly articles for knowledge sharing by authors, experts, professionals .....

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