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Validity of summons issued u/s 70 - Proper officer - The High ...


High Court Clarifies Distinction Between Sections 70 and 6(2)(b) of CGST Act; Summons Issuance Authority Upheld.

March 23, 2024

Case Laws     GST     HC

Validity of summons issued u/s 70 - Proper officer - The High court examined Section 6(2)(b) of the CGST Act and determined that its scope differed from that of Section 70. While Section 6(2)(b) deals with the initiation of proceedings on a subject matter, Section 70 empowers the issuance of summons for inquiry purposes. The court held that the two provisions should not be conflated, and the power to issue summons under Section 70 was not barred by Section 6(2)(b). Consequently, the court dismissed the petitioner's writ petition, ruling it to be devoid of merit.

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