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R.K. JAIN AND SONS HOSPITALITY SERVICES PRIVATE LIMITED vs. UNION OF INDIA & OTHERS
(Delhi High Court)

Hon'ble Judges:

VIBHU BAKHRU
SACHIN DATTA
Pet. Counsel
Abhishek Yadav
Brijesh Verma
Prakhar Srivastav
Res. Counsel
Pavan Narang
Himanshu Sethi

Petitioner / Applicant

R.K. JAIN AND SONS HOSPITALITY SERVICES PRIVATE LIMITED

Respondent UNION OF INDIA & OTHERS
Court Delhi High Court
State

Delhi

Date Sep 2, 2024
Order No.

W. P. (C) 12135/2024 & CM APPL. 50466-68/2024

Citation

2024(9) TAXREPLY 10750

Original Order
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ORDER

VIBHU BAKHRU, J. (ORAL) 1. The petitioner has filed the present petition, inter alia, praying that the raid conducted on 16.11.2023 be declared as illegal and in gross violation of the due process of law. The petitioner also impugns the Show Cause Notice dated 25.07.2024 (hereafter the impugned SCN) issued under Section 74(1) of the Central Goods and Services Tax Act, 2017 (hereafter the CGST Act) and the State Goods and Services Tax Act, 2017 (hereafter the SGST Act). 2. It is the case of the petitioner that on 16.11.2023, a team of persons identifying themselves as GST officers had conducted a search at his premises During the said search, two persons had accessed and copied the data from the petitioner’s computer and had taken away the same. The petitioner alleges that the said two individuals who had actively participated in retrieving the data from the petitioner’s computer(s) were not the officers of the GST department but had falsely masqueraded as GST ins....

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