GST writ jurisdiction yields to statutory appeals absent patent jurisdictional error, leaving factual and limitation issues for appellate review.
GST adjudication challenges should ordinarily proceed through the statutory appeal where no patent jurisdictional defect is shown; evidentiary disputes concerning fraudulent input tax credit and supplier-related allegations require appellate factual assessment, and pre-deposit alone does not justify writ intervention. The bar on parallel proceedings applies only where Central and State GST actions concern the same liability or contravention and seek identical demand or relief; overlapping periods or input tax credit claims are insufficient. A consolidated notice covering multiple financial years under the fraud provision is not inherently without jurisdiction, while limitation, statutory conditions, and period-wise quantification remain open in appeal.
Issues: (i) Whether writ jurisdiction should be exercised against an Order-in-Original despite the statutory appeal under Section 107 of the Central Goods and Services Tax Act, 2017; (ii) Whether proceedings initiated under Section 74 of the Central Goods and Services Tax Act, 2017 were barred by Section 6(2)(b) of that Act owing to earlier State GST proceedings; and (iii) Whether a consolidated show cause notice under Section 74 of the Central Goods and Services Tax Act, 2017 covering multiple financial years was without jurisdiction.
Issue (i): Whether writ jurisdiction should be exercised against an Order-in-Original despite the statutory appeal under Section 107 of the Central Goods and Services Tax Act, 2017.
Analysis: An adjudicated demand is appealable under Section 107. Issues concerning the evidentiary basis of the demand, alleged fraudulent input tax credit, suppliers, and the claimed overlap of State and Central proceedings require factual assessment appropriately undertaken in the statutory appeal. The requirement of pre-deposit does not, by itself, justify bypassing that remedy, and no patent jurisdictional infirmity was established.
Conclusion: Writ jurisdiction was not liable to be exercised; the issue was decided against the assessee.
Issue (ii): Whether proceedings initiated under Section 74 of the Central Goods and Services Tax Act, 2017 were barred by Section 6(2)(b) of that Act owing to earlier State GST proceedings.
Analysis: Section 6(2)(b) bars parallel proceedings only on the same subject matter, namely an identical or overlapping tax liability, deficiency, or obligation arising from the same contravention. The applicable inquiry is whether the proceedings concern identical liability or alleged offence on the same facts and seek identical demand or relief. The State proceedings under Section 73 of the Delhi Goods and Services Tax Act, 2017 concerned ineligible input tax credit, whereas the Central proceedings arose from allegations of fraudulent invoices issued by fictitious or non-existent entities, utilisation of credit for export-related integrated tax liability, and refund claims. Overlap in period, transactions, or input tax credit claims was insufficient by itself.
Conclusion: Section 6(2)(b) did not bar the Central proceedings merely because the proceedings overlapped in respect of input tax credit; the issue was decided against the assessee.
Issue (iii): Whether a consolidated show cause notice under Section 74 of the Central Goods and Services Tax Act, 2017 covering multiple financial years was without jurisdiction.
Analysis: Sections 73(3), 73(10), 74(3), and 74(10) of the Central Goods and Services Tax Act, 2017 do not prohibit a consolidated notice under Section 74 merely because it covers more than one financial year. Questions of limitation, satisfaction of the ingredients for invoking Section 74, and period-wise quantification remain available for statutory appellate examination.
Conclusion: A consolidated show cause notice covering multiple financial years was not inherently without jurisdiction; the issue was decided against the assessee.
Final Conclusion: The challenge to the adjudicated demand must be pursued through the statutory appellate mechanism, where all permissible grounds remain open for determination independently on merits.
Ratio Decidendi: A writ challenge to a GST adjudication ordinarily will not be entertained where an efficacious statutory appeal is available and no patent jurisdictional infirmity is established.