The High Court held that once a proper officer initiates ...

Once proceedings initiated under GST Acts, no other officer can start on same matter. Power exercised is judicial.

Case Laws     GST

August 31, 2024

The High Court held that once a proper officer initiates proceedings on a subject matter under the Central Goods and Services Tax Act, 2017 (CGST Act) or the Haryana Goods and Services Tax Act, 2017 (HGST Act), no other proper officer can initiate proceedings on the same subject matter. The power exercised by the proper officer u/ss 69, 70, 71, and 72 of the CGST Act is judicial, and every inquiry is deemed a judicial proceeding. Issuance of a show cause notice marks the commencement of legal proceedings. The CGST Act and HGST Act do not provide for transferring proceedings from one proper officer to another. The State Tax Officer who initiated proceedings is empowered to summon evidence and documents. The availability of information about fraudulent ITC availed by related firms does not justify transferring proceedings to another authority. Independent action against other firms does not impede proceedings against the firm under investigation. New information can be shared with the investigating authority. The Excise & Taxation Officer lacked jurisdiction to transfer proceedings to the Central Government. The proceedings initiated u/s 74(1) of the HGST Act against the petitioner company shall continue with the Excise & Taxation Officer-cum-proper officer, who shall examine all aspects revealed relating to tax evasion or ITC.

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