Common adjudicating authority selection through administrative circulars remains valid where notified officers already possess pan-India jurisdiction.
Notifications under the CGST Act must confer jurisdiction or transfer functions, while administrative circulars may allocate a composite show-cause notice among officers already vested with jurisdiction. A notified class of Additional and Joint Commissioners may exercise pan-India jurisdiction over investigative notices; selecting a Common Adjudicating Authority from that class does not independently confer jurisdiction. Selection based on the highest demand is objective, uniformly applicable and rationally connected to consistent common adjudication, so it does not violate Article 14 or constitute sub-delegation. Jurisdictional objections may be raised in writ proceedings, but challenges to demand, evidence and natural justice must proceed through the statutory appellate remedy.
Issues: (i) Whether the Common Adjudicating Authority had jurisdiction to adjudicate a composite show-cause notice and whether the impugned circulars validly selected that authority. (ii) Whether the highest-demand criterion for selection of the Common Adjudicating Authority is arbitrary or violative of Article 14 of the Constitution of India. (iii) Whether writ jurisdiction could be invoked to challenge the merits of the adjudication despite the statutory appellate remedy.
Issue (i): Whether the Common Adjudicating Authority had jurisdiction to adjudicate a composite show-cause notice and whether the impugned circulars validly selected that authority.
Analysis: Sections 3, 5(3) and 167 of the Central Goods and Services Tax Act, 2017 require jurisdiction-conferring or function-transferring measures to be made through notification, whereas Section 168 permits administrative directions for uniform implementation of an existing jurisdiction. Notification No. 2/2017-Central Tax, as amended by Notification No. 2/2022-Central Tax, vested specified Additional and Joint Commissioners with pan-India jurisdiction over notices issued by the investigative authority. The circulars did not enlarge that jurisdiction or appoint an officer outside the notified class; they provided an administrative method for choosing one among officers already competent to decide a composite notice. The absence of an express recital of approval did not invalidate the circulars without material showing absence of authority. The notified appellate hierarchy remained available in the Commissionerate where the Common Adjudicating Authority was posted.
Conclusion: The Common Adjudicating Authority was lawfully vested with jurisdiction, and the impugned circulars validly operated as an administrative allocation mechanism.
Issue (ii): Whether the highest-demand criterion for selection of the Common Adjudicating Authority is arbitrary or violative of Article 14 of the Constitution of India.
Analysis: The criterion is objective, quantifiable and uniformly applicable. It bears a rational nexus to securing a single, consistent adjudication of a common investigation and avoiding conflicting factual findings. Its application involves no discretionary choice by the issuing officer and does not amount to impermissible sub-delegation of adjudicatory power.
Conclusion: The highest-demand criterion is constitutionally valid and does not offend Article 14 of the Constitution of India.
Issue (iii): Whether writ jurisdiction could be invoked to challenge the merits of the adjudication despite the statutory appellate remedy.
Analysis: The jurisdictional challenge was entertained as a recognised exception to the rule requiring exhaustion of an efficacious statutory remedy. Once the jurisdictional foundation of the order was sustained, the remaining challenges concerning the demand, evidence and natural justice fell within the appellate remedy under Section 107 of the Central Goods and Services Tax Act, 2017.
Conclusion: Challenges on merits are to be pursued before the statutory Appellate Authority and are not amenable to determination in the writ proceedings.
Final Conclusion: The notified pan-India adjudication framework and the administrative mechanism for common adjudication are legally sustained, while all unresolved challenges to the tax demand remain available before the statutory appellate forum.
Ratio Decidendi: Where a notification has already vested a defined class of officers with jurisdiction, an administrative circular may validly select one competent officer for common adjudication of a composite notice without independently conferring or transferring jurisdiction.