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2020 Supreme(Online)(KER) 30152

SURESH KUMAR P.P – Appellant
Versus
THE DEPUTY DIRECTOR, DIRECTORATE GENERAL OF GST INTELLIGENCE (DGGI) – Respondent


Advocates:
['MATHAI M PAIKADAYSR', '', 'SMT JINNU SARA GEORGE', 'Shri ZAFAR ANTONIO', 'SRI SANDEEP GOPALAKRISHNAN', 'SREELAL N WARRIER', 'SC', 'CENTRAL BOARD OF EXCISE & CUSTOMS']

JUDGMENT

Vinod Chandran, J.

The petitioners, the Managing Director and Director of a Company registered under the Companies Act,engaged in providing Cable Services as a Multi Service Operator (MSO) under the Telephone Regulatory of India (TRAI) Regulations, are in appeal. The appellants allege that illegal proceedings were taken against them, purportedly under the Central Goods and Services Tax Act, 2017 ['CGST Act' for brevity], and their residences and offices were raided, both of them kept under illegal custody and an amount of Rupees One Crore extorted from them. On the intervention of their Advocate at mid-night, they were released, allege the appellants. The appellants, in the writ petition prayed for (i) setting aside Exhibit P2 notice, requiring them to provide information issued by the Senior Intelligence Officer (SIO), (ii) invalidation of search and seizure proceedings initiated under Section 67 of the CGST Act evidenced by Exhibit P4, (iii) refund of Rupees One Crore collected by the 4th and 5th respondents, (iv) a declaration that the petitioners are not liable to pay GST on the revenue share retained by the Local Cable Operator ['LCO' for brevity] as also (v) compensati

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