2024 (11) TMI 580 - HC - GST

Challenge to SCN issued by respondent no. 4 - parallel investigations by the State Excise and Central Excise Authorities - HELD THAT - The matter requires further examination. Issue notice. Mr. Sushant Kaprate, learned Additional Advocate General, accepts notice on behalf of respondents no. 1 to 3, while Mr. Vijay Arora, learned counsel, accepts notice on behalf of respondent no. 4. List the matter on 14th October 2024.

Summary

Issues:
1. Challenge to Show Cause cum Demand Notice dated 07.08.2024.
2. Parallel proceedings by respondent no. 4 concerning alleged fake input tax credit.
3. Overlapping investigation periods by State Excise Authorities and respondent no. 4.
4. Circular by CBEC on avoidance of multiplicity of proceedings.
5. Transfer of cases to State authorities.
6. Interpretation of provisions of Section 6(2)(a) and (b) of the Central Goods and Services Tax Act 2017.

Analysis:
The petitioner in this case seeks to challenge a Show Cause cum Demand Notice issued by respondent no. 4, alleging fake input tax credit. It is argued that respondent no. 4 is conducting parallel proceedings overlapping with investigations by the State Excise Authorities. The petitioner points out that the Circular issued by CBEC aims to prevent multiple investigations by State and Central Tax Authorities. The respondent no. 4 contends that since the seller firms under investigation are different and not examined by State authorities, the Central Tax Authorities can continue with the investigation. However, the Court notes that despite differences in alleged fake enterprises, the investigations by State and Central Authorities are based on similar if not the same facts.

The Court is made aware of Section 6(2)(a) and (b) of the Central Goods and Services Tax Act 2017, which states that if proceedings are initiated by a proper officer under the State Goods and Services Tax Act on a subject matter, no proceedings shall be initiated by the proper officer under the Central Act on the same subject matter. The Court finds the situation requires further examination and issues a notice to the concerned parties. The respondent no. 4 agrees to provide instructions on whether the proceedings covered by the impugned Show Cause cum Demand Notice can be transferred to the State Excise Tax Authorities. The Court schedules the next hearing for October 14, 2024, and stays further proceedings pursuant to the impugned Notice until then.