Central GST Authority cannot initiate proceedings when State GST Authority has already initiated proceedings on the same subject matter


Quick Summary
The Gauhati High Court has ruled that the Central GST Authority cannot initiate proceedings on a matter if the State GST Authority has already begun its own investigation into the same issue. This decision, based on Section 6(2)(b) of the CGST Act, prevents duplicate investigations and ensures clarity in GST compliance.

Court :
Gauhati High Court

Brief :
The Hon'ble Gauhati High Court in the case of Rajesh Mittal vs Union of India [WP(C) No. 371 of 2024 dated January 25, 2024] relying upon the provision of sub-clause (b) of sub-section (2) of Section 6 of the Central Goods and Services Tax Act, 2017 ("the CGST Act") stayed the proceeding initiated by the Revenue Department, thereby holding that, Central GST Authority should not have issued the SCN when State GST Authorities have already issued SCN on the same issue.

Citation :
WP(C) No. 371 of 2024 dated January 25, 2024

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Bimal Jain
Published in GST
Views : 152

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