Issue of Show Cause Notice by DGGI: CBIC amends Definition of ‘Proper Officer’ U/Ss 73 & 74 of GST Act [Read Circular]

Show Cause Notice - DGGI - CBIC - Proper Officcer - GST Act - taxscan

The Central Board of Indirect Taxes and Customs (CBIC) has issued a circular in relation to the amendment of sections 73 and 74 of the Central GST Acts.

Vide Notification No. 02/2022-Central Tax dated 11th March, 2022, para 3A has been inserted in the Notification No. 2/2017-Central Tax dated 19th June, 2017, to empower Additional Commissioners of Central Tax/ Joint Commissioners of Central Tax of some of the specified Central Tax Commissionerates, with All India Jurisdiction for the purpose of adjudication of the show-cause notices issued by the officers of the Directorate General of Goods and Services Tax Intelligence.

The circular issued by the Board earlier stated that the Central Tax officers of Audit Commissionerates and Directorate General of Goods and Services Tax Intelligence shall exercise the powers only to issue show-cause notices. A show-cause notice issued by them shall be adjudicated by the competent Central Tax officer of the executive Commissionerate in whose jurisdiction the noticee is registered when such cases pertaining to the jurisdiction of one executive Commissionerate of Central Tax only.

In respect of a show-cause notice issued by the Central Tax officers of Audit Commissionerate, where the principal place of business of noticees fall under the jurisdiction of multiple Central Tax Commissionerates, a proposal for appointment of common adjudicating authority may be sent to the Board.

“In respect of show-cause notices issued by the officers of DGGI prior to issuance of Notification No. 02/2022-Central Tax dated 11th March 2022, involving cases mentioned in para 7.1 above and where no adjudication order has been issued till date, the same may be made answerable to the Additional/Joint Commissioners of Central Tax, having All India jurisdiction, in accordance with the criteria mentioned in para 7.1 above, by issuing corrigendum to such show-cause notices,” the circular said.

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