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How Section 6(2)(b) Stopped Duplicate GST Proceedings

Pradeep Reddy Unnathi Partners
GST duplicate proceedings from different jurisdictions: use Section 6(2)(b) to stop a second authority after prior proceedings shown Section 6(2)(b) of the CGST Act bars initiation of parallel proceedings on the same subject matter and assessment period; where an earlier proper officer has already taken up a matter, any subsequent officer must refrain from initiating duplicate action, and the later proceedings should be withdrawn. A recent Supreme Court guideline requiring interoffice coordination to prevent duplicate GST actions was applied factually to halt a second inquiry concerning ISD credit, resulting in the later office dropping proceedings. Practitioners should identify the earlier proceeding, produce documentary proof of dates and orders, and invoke Section 6(2)(b) to obtain cessation of the second proceeding. (AI Summary)

Three GST notices. Same issue. Same assessment period. Two different cities chasing one taxpayer for the same transaction. If this sounds familiar, you are not alone.

This is exactly what happened to a business dealing with Input Service Distributor (ISD) credit from Karnataka to Chennai. Chennai authorities initiated proceedings. Bangalore authorities did the same. The taxpayer was stuck fighting parallel battles for one transaction.

Understanding the Problem of Duplicate GST Notices

Parallel proceedings are not just inconvenient. They are illegal under Indian GST law. When two tax offices investigate the same matter simultaneously, it wastes everyone's time. More importantly, it violates the law designed to prevent such duplication.

The CGST Act has a clear provision for this. Section 6(2)(b) states that once one proper officer has initiated any proceedings on a subject matter, no other officer can start proceedings on the same subject. The law exists precisely to protect taxpayers from being harassed by multiple authorities.

The Legal Solution That Worked

In the case mentioned above, the approach was straightforward. The taxpayer informed the Bangalore authorities that Chennai had already passed two orders on the same subject and time period. The matter was backed by a recent Supreme Court judgment in M/s ARMOUR SECURITY (INDIA) LTD. Versus COMMISSIONER, CGST, DELHI EAST COMMISSIONERATE & ANR. -Β 2025 (8) TMI 991 - Supreme Court.

The Supreme Court's guideline was clear. Tax authorities must coordinate with each other to avoid duplication. They cannot independently pursue the same taxpayer for identical issues.

Bangalore reviewed the submission. They applied the law correctly. The proceedings were dropped without drama or endless hearings.

Key Takeaways for Taxpayers Facing Duplicate Notices

When you receive multiple GST notices for the same issue, do not panic or try fighting on multiple fronts. First, check if the notices cover the same subject matter and assessment period. Second, identify which authority initiated proceedings first. Third, invoke Section 6(2)(b) before the second authority and provide proof of existing proceedings.

Keep documentation ready. This includes copies of earlier notices, orders, and acknowledgements showing the timeline of proceedings. The authority that started later must step back under the law.

Conclusion

GST compliance should not mean bleeding time and resources across multiple cities. The law protects you from duplicate proceedings. Use Section 6(2)(b) of the CGST Act when needed. Make one office step back so you can focus on resolving the actual issue.

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