2025 (6) TMI 1500 - HC - GST

Initiation of multiple investigations and proceedings by different authorities under the CGST/WBGST Act 2017 for the same tax periods - audit proceeding and show cause notice have already been issued under Section 65 of the Act - search and seizure proceeding under Section 67 also initiated - whether having regard to the provisions contained in Chapter XIII especially Section 65(7) and Section 66(6) of the said Act any further enquiry for the selfsame period for which an audit has already been conducted is permissible? - HELD THAT - Prima facie the statute does not create any embargo on the authorities to proceed simultaneously under Chapter XIII and Chapter XIV of the said Act. However at the same time having regard to the special provision contained in Section 65(7) of the said Act and the respondent no.3 having conducted an audit and having issued a show cause ordinarily the registered taxable persons are not to be subjected to multiple enquiries by different authorities without such authorities bringing the search and seizure proceeding to a logical conclusion. Admittedly in this case the State has already initiates search and seizure which has not brought to a logical conclusion. At this stage the Central Authority should not be permitted to proceed simultaneously with regard to the period for which the State has been proceeding - In view thereof the enquiry if any by the DGGI authorities should be restricted to the period for which the proceeding has already not been initiated by the State. Let affidavit-in-opposition to the present writ petition be filed within a period of six weeks from date. Reply thereto if any be filed within four weeks thereafter.

Summary

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered by the Court in this matter are:

(a) Whether the initiation of multiple investigations and proceedings by different authorities under the CGST/WBGST Act, 2017 for the same tax periods is permissible, particularly when an audit proceeding and show cause notice have already been issued under Section 65 of the Act.

(b) Whether the Central Goods and Services Tax (CGST) authorities, specifically the Directorate General of GST Intelligence (DGGI), can initiate search and seizure proceedings under Section 67 of the Act concurrently with similar proceedings initiated by the State authorities for overlapping or identical periods.

(c) The extent to which the statutory provisions under Chapter XIII (Audit, Inspection, Search and Seizure) and Chapter XIV of the CGST Act regulate or restrict simultaneous investigations by different authorities.

(d) The legal effect of ongoing search and seizure proceedings initiated by the State on the powers of the Central authorities to commence or continue similar proceedings for the same period.

2. ISSUE-WISE DETAILED ANALYSIS

Issue (a) and (b): Permissibility of multiple investigations for the same tax period

Relevant legal framework and precedents: The Court examined the provisions of Sections 65, 66, and 67 of the CGST/WBGST Act, 2017. Section 65 authorizes audit proceedings by tax authorities and issuance of show cause notices upon completion of audit. Section 66 deals with special audit, and Section 67 empowers authorities to conduct search and seizure operations in cases of suspected tax evasion or fraud.

There is no explicit statutory bar in these provisions preventing different authorities from initiating independent proceedings for the same tax period. However, the Court noted the principle against multiplicity of proceedings to avoid harassment and duplication.

Court's interpretation and reasoning: The Court recognized that while the statute does not expressly prohibit simultaneous proceedings by different authorities, the special provision under Section 65(7) - which mandates issuance of a show cause notice following an audit - implies a procedural safeguard against multiple enquiries for the same period. The Court emphasized that once an audit has been conducted and a show cause notice issued, ordinarily, the registered taxable person should not be subjected to further roving enquiries for the same period until the existing proceedings reach a logical conclusion.

Key evidence and findings: The petitioner demonstrated that the State authorities had initiated search and seizure proceedings under Section 67 for the tax periods 2022-23 to 2024-25, which remain pending and unresolved. Concurrently, the DGGI had issued notices for investigation overlapping with these periods.

Application of law to facts: The Court found that the DGGI's initiation of proceedings for periods already under investigation by the State authorities amounted to potential duplication and harassment. The Court observed that the enquiry by DGGI was limited to suppliers of the petitioner and did not overlap entirely with the State's enquiry, but the temporal overlap was significant.

Treatment of competing arguments: The DGGI contended that no legal embargo exists on simultaneous investigations and justified their actions citing allegations of fraud by the petitioner. The State acknowledged ongoing proceedings but did not oppose the limitation sought by the petitioner. The Court balanced the need to prevent harassment with the authorities' powers to investigate fraud.

Conclusions: The Court concluded that while the law permits multiple authorities to investigate, it is not appropriate for the Central authority to proceed simultaneously with the State for the same tax periods where proceedings are pending and unresolved. The DGGI's enquiry should be restricted to periods not covered by the State's ongoing proceedings.

Issue (c) and (d): Effect of ongoing search and seizure proceedings on initiation of fresh proceedings

Relevant legal framework and precedents: Section 67 of the CGST Act provides for search and seizure in cases of tax evasion or fraud. The Court considered the procedural implications of ongoing search and seizure proceedings on the powers of other authorities under the Act.

Court's interpretation and reasoning: The Court held that once search and seizure proceedings have been initiated by one authority and remain pending without logical conclusion, other authorities should exercise restraint in initiating similar proceedings for the same period. This approach prevents multiplicity of proceedings and undue harassment.

Key evidence and findings: The petitioner produced documentary evidence including Panchnama and email communications showing that the State's search and seizure proceedings for certain periods were ongoing and incomplete.

Application of law to facts: The Court applied the principle of avoiding overlapping investigations to the facts, finding that the Central authorities should not proceed for periods already subject to pending search and seizure by the State.

Treatment of competing arguments: The DGGI argued that their investigation was distinct and limited in scope. The Court acknowledged this but prioritized avoiding simultaneous proceedings for the same periods.

Conclusions: The Court ruled that the Central authorities' enquiry must be confined to periods not yet investigated or seized upon by the State authorities, and any further steps by the DGGI shall await the outcome of the writ petition.

3. SIGNIFICANT HOLDINGS

"Prima facie, the statute does not create any embargo on the authorities to proceed simultaneously under Chapter XIII and Chapter XIV of the said Act. However, at the same time, having regard to the special provision contained in Section 65(7) of the said Act and the respondent no.3 having conducted an audit and having issued a show cause, ordinarily, the registered taxable persons are not to be subjected to multiple enquiries by different authorities without such authorities bringing the search and seizure proceeding to a logical conclusion."

"Having regard thereto, I am of the view that at this stage, the Central Authority should not be permitted to proceed simultaneously with regard to the period for which the State has been proceeding."

"The enquiry, if any, by the DGGI authorities should be restricted to the period for which the proceeding has already not been initiated by the State."

Core principles established include:

- The absence of an absolute statutory prohibition on multiple investigations does not preclude judicial intervention to prevent harassment through overlapping proceedings.

- Section 65(7) of the CGST Act provides a safeguard against multiple audits and enquiries for the same tax period once a show cause notice has been issued following an audit.

- Search and seizure proceedings initiated by one authority should be brought to a logical conclusion before another authority initiates similar proceedings for the same period.

- Authorities must coordinate to avoid duplication and harassment of taxpayers through simultaneous investigations.

Final determinations on each issue:

(a) Multiple investigations for the same tax period are not absolutely prohibited but are subject to judicial control to prevent abuse.

(b) The Central authorities (DGGI) are restrained from proceeding for periods where the State has already initiated search and seizure proceedings that remain pending.

(c) The DGGI's enquiry must be limited to periods not covered by the State's ongoing proceedings.

(d) Any further steps by the DGGI shall await the outcome of the writ petition and the logical conclusion of the State's proceedings.