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

Summons ≠ "Proceedings": Delhi HC clarifies Section 6(2)(b) CGST bar in Armour Security India Ltd. v. Commissioner, CGST

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

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.

2025(02)LCX0398

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
 

2024(06)LCX0108

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.
 

2024(03)LCX0113

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
 

2022(01)LCX0093

Rajasthan High Court

S.k. Metal

Summon under GST Act must Grant reasonable time to noticee to comply with
 

2021(09)LCX0036

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.