Identity of liability governs parallel GST proceedings; common supplier and period alone do not trigger the statutory bar.
Section 6(2)(b) of the CGST Act bars parallel central and state GST proceedings only where they concern the identical liability or contravention. Commonality of the assessee, financial year, supplier, or similar tax exposure is insufficient. Alleged fraudulent input tax credit based on invoices unsupported by actual supply may constitute a distinct contravention where it was not previously adjudicated; different GSTINs under a common trade name are relevant but not conclusive. Objections involving evidence, receipt of goods, fraud, suppression, and tax, interest or penalty should be pursued through the statutory appellate remedy rather than writ jurisdiction, absent exceptional circumstances.
Issues: (i) Whether proceedings under Section 74 of the Central Goods and Services Tax Act, 2017, were barred by Section 6(2)(b) owing to earlier State proceedings under Section 73 concerning input tax credit from M.R. Enterprises; (ii) Whether writ interference was warranted in respect of factual adjudication grievances where a statutory appeal under Section 107 was available.
Issue (i): Whether proceedings under Section 74 of the Central Goods and Services Tax Act, 2017, were barred by Section 6(2)(b) owing to earlier State proceedings under Section 73 concerning input tax credit from M.R. Enterprises.
Analysis: Section 6(2)(b) bars proceedings only where both authorities seek to adjudicate the identical liability or contravention. A common assessee, financial year, supplier name, or similar tax liability does not alone establish the same subject matter. The later proceedings were founded on alleged fraudulent availment of input tax credit through invoices unsupported by actual supply of goods, and the material did not establish that this precise contravention had already been adjudicated in the earlier State proceedings. Distinct GSTINs of entities bearing the same trade name were relevant, though not conclusive, circumstances.
Conclusion: The bar under Section 6(2)(b) was not attracted, and the Central proceedings were not ex facie barred. The issue is decided against the assessee.
Issue (ii): Whether writ interference was warranted in respect of factual adjudication grievances where a statutory appeal under Section 107 was available.
Analysis: Objections concerning consideration of the reply, supply of relied-upon material, genuineness and receipt of goods, fraud or suppression, overlapping liability, and the sustainability of tax, interest and penalty required review of the adjudication record and disputed factual material. Section 107 provides an appellate remedy competent to determine those matters. No exceptional circumstance justified exercise of extraordinary jurisdiction under Article 226 in substitution of that remedy.
Conclusion: Writ interference was not warranted, and the issue is decided against the assessee.
Final Conclusion: The challenge to the jurisdictional bar fails, while factual and merits-based objections remain for determination through the statutory appellate framework.
Ratio Decidendi: Section 6(2)(b) of the Central Goods and Services Tax Act, 2017 applies only upon identity of the liability or contravention under adjudication; common factual background, assessee, period, or similar tax exposure is insufficient.