INSTRUCTIONS
Instruction No. |
Subject |
Instruction No. 03/2022-23 [GST - Investigation] dt. 17.08.2022 | Guidelines on Issuance of Summons Under Section 70 of the Central Goods & Services Tax Act, 2017 |
COMMUNITY INSIGHTS
Topic |
Publish Date |
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Section 6(2)(b) of the CGST Act bars parallel assessment-type proceedings by one GST authority when the other has already initiated proceedings on the same subject matter. The Delhi High Court holds that this bar does not extend to search-driven investigations and summons issued by CGST-even if State GST has already issued show-cause notices (SCNs) or passed orders under Sections 73/74.......... Read More |
18.08.2025 |
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Summon under GST- A Comprehensive Discussion Summon can be issued by the proper officer to any person whose attendance is considered necessary either for giving evidence or producing a document or any other thing in an inquiry in the same manner, as provided in the case of a civil court under the provisions of Code of Civil Procedure, 1908. In this article we will explore the provisions related to the issuance of summon, responsibilities of the person to whom summon has been issued.................... Read More |
25.01.2025 |
CASE LAW
Authority |
One liner |
2025(08)LCX0079 Supreme court of India Armour Security India Limited |
Summons/inquiry “proceedings” for Section 6(2)(b); the bar applies only post-notice, not at the investigation stage. |
Delhi High Court Armour Security India Limited |
Court upheld the validity
of summons issued by Central GST authorities, ruling that a search and
investigation are not barred u/s 6(2) (b) of the CGST Act even if State
GST proceedings are ongoing |
Madras High Court Sai Hanuman Smelters Private Limited |
A mandamus cannot be
issued to prevent statutory duties to drop CGST proceedings-initiated
u/s 67 read with section 70 of CGST Act. |
Rajasthan High Court Rais Khan |
Issuance of summons under
Section 70 of the CGST Act is not hit by Section 6(2)(b) of the CGST Act |
Rajasthan High Court S.k. Metal |
Summon under GST Act must
Grant reasonable time to noticee to comply with |
Madras High Court Kuppan Gounder P.G. Natarajan |
Bar under Section 6(2)(b) of the CGST Act is with regard to any proceedings initiated by a proper officer on a subject matter, on the same subject-matter, the proper officer under the Central Act cannot initiate any action referred. |