2021 (4) TMI 73 - HC - GST

Simultaneous investigation by the Central and State GST authorities - Non-payment/short-payment of tax dues - erroneous release of refund - wrongful availment/utilization of input tax credit - Section 74 of the Odisha Goods and Services Tax Act - HELD THAT - It may be noted that the period of enquiry as far as Central tax authority is concerned is from July, 2017 to June, 2018 whereas Opposite Party No.3 has issued a show cause notice specific for March, 2018 and, therefore, there is also an overlapping of the periods. The Court quashes the show cause notice dated 23rd July, 2019, the impugned order dated 5th November, 2019 including the order dated 4th November, 2019 all passed by Opposite Party No.3 and directs that till the conclusion of the proceeding initiated against the Petitioner by the DGGSTI, no coercive action be taken against the Petitioner by the Opposite Party No.3 - Petition allowed.

Summary

Issues:
1. Challenge to show cause notice and orders under OGST Act.
2. Dispute regarding initiation of proceedings by State GST authority despite Central authorities being seized of the matter.
3. Overlapping periods of enquiry by Central and State tax authorities.

Analysis:
1. The petitioner, engaged in trading of iron and scraps, challenged a show cause notice and subsequent orders issued under the Odisha Goods and Services Tax Act (OGST Act). The notice alleged non-payment of tax dues, leading to a demand of over ?1 crore.
2. The petitioner contended that the State GST authority (Opposite Party No.3) proceeded with the case despite the Central Board of Excise and Customs (CBEC) circular directing that if the Central tax authority initiates enforcement action, the case should not be transferred to the State tax authority. The petitioner had requested to keep proceedings in abeyance until the Central authorities concluded their investigation.
3. The State authorities claimed they were unaware of the Central Government's involvement in the matter, despite the petitioner informing them that the Directorate General of Goods and Services Tax Intelligence (DGGSTI) was already handling the case. The State authorities argued that they proceeded under Section 74 of the OGST Act due to lack of information about the Central Government's actions.
4. The court acknowledged the circular preventing State authorities from proceeding when Central authorities are involved and noted the overlapping periods of enquiry by the Central and State tax authorities. Consequently, the court quashed the show cause notice and orders issued by the State GST authority, directing no coercive action against the petitioner until the conclusion of proceedings by the DGGSTI.
5. The writ petition was allowed, emphasizing cooperation with the Central GST authorities and halting State proceedings until the Central investigation concludes.

This detailed analysis outlines the key issues raised in the judgment, the arguments presented by both parties, and the court's decision based on legal principles and relevant precedents.