No bar on investigation by different officers independently investigating different matters without any overlapping


Quick Summary
The Punjab & Haryana High Court has ruled that different tax officers can independently investigate separate matters concerning alleged misuse of Input Tax Credit (ITC) under the CGST Act. The court dismissed a petition that argued multiple investigations by different authorities were barred by law. It clarified that as long as the investigations involve distinct issues and do not overlap, they are permissible and not in violation of Section 6(2)(b) of the CGST Act.

Court :
Punjab & Haryana High Court

Brief :
The Hon'ble Punjab & Haryana High Court in Kaushal Kumar Mishra vs. Addl Director General & anr [CWP-21387-2020 (O&M), decided on February 12, 2021] dismissed the petition and refused to interfere with the investigations undertaken by the competent authorities against the proprietor, for alleged misuse and fake availment of Input Tax Credit ('ITC).

Citation :
CWP-21387-2020 (O&M), decided on February 12, 2021

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Judgement posted by

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FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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