Intelligence Officer empowered to pass order under GST

The Madras High Court has ruled that GST Intelligence Officers are empowered to issue orders, provided they are designated as the 'proper officer' under the CGST Act. This decision dismissed a petition challenging an order passed by a State Intelligence Officer. The court referenced previous judgments, stating there's no restriction preventing intelligence officers from acting as proper officers.

The Hon'ble Madras High Court in the case of Tvl. Sri Paranjothi Traders v. State Tax Officer (Intelligence) [W.P. (MD) No. 1148 of 2024 dated July 01, 2024] dismissed the writ petition and thereby held that the Intelligence Officer is empowered to pass the orders under GST when the same falls within the definition of proper officer under Section 2(91) of the Central Goods and Services Tax Act ("the CGST Act").

Facts:

Tvl. Sri Paranjothi Traders ("the Petitioner")subsequent to filing of writ petition relating to granting of proper opportunity of personal hearing and disposal thereof prior to taking into consideration the explanation provided by the Petitioner, the Revenue Department ("the Respondent") passed the order dated August 04, 2023 ("the Impugned Order") wherein the orders are passed by the State Intelligence Officer.

Held:

The Hon'ble Madras High Court in the case of W.P. (MD) No. 1148 of 2024, relying upon the judgment of the Hon'ble Madras High Court in the case of M/s. Rasthe Garments v. State Tax Officer [W.P. (MD) No.25548 and 26389 of 2023 dated June 06, 2024] heldthat there is no embargo on the intelligence officer to pass the order when the same falls within the definition of proper officer as contemplated under Section 2(91) of the CGST Act especially when the officers passing the Impugned Order were different even though they were of same department. Therefore, the writ petition is dismissed and directed the Petitioner to avail the remedy of statutory appeal to address its grievances.

Relevant Provision:

Section 2(91) of the CGST Act:

Section 2(91) "proper officer" in relation to any function to be performed under this Act, means the Commissioner or the officer of the central tax who is assigned that function by the Commissioner in the Board;

OFFICIAL JUDGMENT COPY HAS BEEN ATTACHED