High Court orders GST department to transfer documents to DGGI during investigation


Quick Summary
The Gujarat High Court has ruled that the Assistant Commissioner of State Tax and State Tax Officer 2 must transfer all relevant documents to the DGGI for ongoing investigations. This decision came after the petitioner argued that the documents were already in the possession of the DGGI, making further requests from other tax officers redundant. The court directed the petitioner to cooperate with the DGGI's inquiry.

Court :
Gujarat High Court

Brief :
The Hon'ble Gujarat High Court in VipulchandraPursottamdas Mahant Prop of Vaibhavi Construction v. Assistant Commissioner of State Tax [R/Special Civil Application No. 9488 of 2023 dated June 22, 2023] directed the assessee to co-operate with the inquiry initiated by the DGGI and further directed Assistant Commissioner of State Tax and State Tax Officer 2 to provide all relevant documents to the DGGI Officer for further investigation.

Citation :
R/Special Civil Application No. 9488 of 2023 dated June 22, 2023

The Hon'ble Gujarat High Court in VipulchandraPursottamdas Mahant Prop of Vaibhavi Construction v. Assistant Commissioner of State Tax [R/Special Civil Application No. 9488 of 2023 dated June 22, 2023] directed the assessee to co-operate with the inquiry initiated by the DGGI and further directed Assistant Commissioner of State Tax and State Tax Officer 2 to provide all relevant documents to the DGGI Officer for further investigation.

Facts

An Inspection was conducted on the Premises of VipulchandraPursottamdas Mahant Prop of Vaibhavi Construction ("the Petitioner") under Section 67(1) of the Central Goods and Services Tax Act, 2017 ("the CGST Act") on December 10, 2021 by the senior intelligence officer, DGGI ("the DGGI Officer") who has asked to supply the necessary documents in connection with the inquiry.

Further, the Assistant Commissioner of State Tax("the Assistant Commissioner") and the State Tax Officer 2 ("the State Officer") issued summons under Section 70 of the Act to the petitioner and petitioner is asked to supply the necessary documents in connection with the inquiry initiated and further vide communication dated May 10, 2023 sought the documents for further investigation.

The Petitioner contended that the documents are in possession of the DGGI Officer and  thus, the Assistant Commissioner and the Sate Officer have no authority to proceed further with the inquiry in connection with the same subject matter.

The Petitioner relied upon the Section 6(2)(b) of the CGST Act and submitted that the first investigation is initiated by the DGGI Officer in connection with the Petitioner and therefore, it is not open to Assistant Commissioner and the Sate Officer.

Issue

What would happen if DGGI and other agencies initiated proceedings and sought information from assessee, which is available with one of the agency?

Held

The Hon'ble Gujarat High Court in R/SPECIAL Civil Application No. 9488 of 2023 held as under:

  • Directed, the Petitioner to co-operate with the inquiry initiated by the DGGI Officer and produce all the relevant documents.
  • Further directed, the Assistant Commissioner and the Sate Officer to transfer the documents to the for necessary investigation initiated by DGGI Officer.

Our Comment:

The Hon'ble Gujarat High Court by directing for consolidation of documents under a single investigating unit, the court emphasizes the necessity for a cohesive approach in legal proceedings. This judgment provides valuable guidance for situations where multiple agencies have initiated investigations into the same subject matter, promoting efficiency and clarity in such scenarios.
 

FAQ :

The High Court ordered the Assistant Commissioner of State Tax and State Tax Officer 2 to transfer all relevant documents to the DGGI for their investigation.

The DGGI (Directorate General of Goods and Services Tax Intelligence) initiated the investigation.

The petitioner argued that the documents were already with the DGGI, and therefore, the State Tax Officers had no authority to request them again for the same subject matter.

Section 67(1) and Section 70 of the Central Goods and Services Tax Act, 2017 were relevant to the inspection and summons for documents.

The judgment emphasises a cohesive approach by consolidating documents under a single investigating unit, promoting efficiency and clarity when multiple agencies are involved in similar investigations.

 



Judgement posted by

Service

FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

Comments




CCI Pro



Company
12 October 2026
AUDIT , ACCOUNTS AND TAXATION

KDSS

New Delhi

B.Com

View Details
Company
ARTICLESHIP 28 September 2026
Junior Accountant

J S P M & Associates LLP

Pune

B.Com

View Details
Company
08 October 2026
SALES TELECALLER

HIRE NOVA

Lucknow

Graduate (Any)

View Details
Company
ARTICLESHIP 21 September 2026
CA Article Assistant

KK & Company Chartered Accountant

Pune

CA Inter

View Details
Company
16 September 2026
Internal Audit - Team Lead

Consulting & Beyond

Chennai

CA

View Details
Company
20 September 2026
Semi Qualified CA

Navin & Associates

Mumbai

CA Inter

View Details
Company
12 October 2026
Finance

I-Genext Consulting Private Limited

New Delhi

CA

View Details
Company
30 September 2026
Senior Accounts Executive

Codeboard Technology

Chennai

MBA

View Details