2020(03)LCX0138

Uttarakhand High Court

M/S PERFETTI VAN MELLE INDIA PVT. LTD

WPMS No. 598 of 2020 decided on 12/03/2020

WPMS No. 598 of 2020

Hon’ble Manoj K. Tiwari, J

Mr. Nishant Mishra and Mr. Sahil Mullick, Advocates for the petitioner.

Mr. Manoj Kumar, Standing Counsel for Union of India/respondent no. 1.

Mr. H.M. Bhatia, Advocate for respondent nos. 2, 3 & 5.

Mr. Suyash Pant, Brief Holder for the State of Uttarakhand/respondent nos. 4 & 6.

Heard learned counsel for the parties.

Learned counsel for the petitioner submits that the impugned show cause notice has been issued by Superintendent, Central Goods & Service Tax, Rudrapur; although, he is not competent for the purpose. In support of his contention, learned counsel for the petitioner has relied upon one Circular No. 3/3/2017-GST dated 05.07.2017, which provides that Deputy or Assistant Commissioner of Central Tax alone will be the proper officer for exercising power under Section 79 of CGST Act, 2017.

Learned counsels for the respondent(s) pray for and are granted four weeks’ time to file counter affidavit(s). Two weeks’ time thereafter is allowed for filing rejoinder affidavit.

List this matter after six weeks.

In the meantime, there shall be stay of impugned notice dated 25.02.2020 provided petitioner deposits 75% of the amount demanded from the petitioner within three weeks from today. Such deposition shall however be subject to final outcome of this writ petition.

Stay application (CLMA No. 2335 of 2020) stands disposed of.

(Manoj K. Tiwari, J.)
12.03.2020

Equivalent .