Parallel GST proceedings require identical subject matter; overlapping transactions and periods alone do not trigger the statutory bar.
Unavailed statutory appellate remedies and unexplained delay ordinarily preclude extraordinary writ jurisdiction where jurisdictional and factual issues can be addressed on appeal. The GST bar on parallel proceedings under Section 6(2)(b) applies only to identical subject matter; overlapping transactions, periods, or factual background do not suffice where Section 73 tax-liability and input-tax-credit eligibility proceedings differ materially from Section 74 allegations of fraudulent credit availment. Conclusion of separate proceedings against co-noticees does not bar an independently determined liability. Section 75(13) requires a prior penalty on the same person for the same act or omission.
Issues: (i) Whether extraordinary writ jurisdiction could be invoked despite an unavailed statutory appeal and unexplained delay; (ii) Whether Section 6(2)(b) of the Central Goods and Services Tax Act, 2017 barred proceedings under Section 73 because of earlier proceedings initiated by the DGGI under Section 74; (iii) Whether conclusion of the DGGI proceedings and Section 75(13) of the Central Goods and Services Tax Act, 2017 precluded the separate demand.
Issue (i): Whether extraordinary writ jurisdiction could be invoked despite an unavailed statutory appeal and unexplained delay.
Analysis: The statutory scheme provided an efficacious appellate remedy against the adjudication order. The challenge raised jurisdictional and factual matters capable of consideration in appellate proceedings. The petitioner allowed the period for appeal to lapse and invoked writ jurisdiction after substantial delay; pendency of a rectification application did not extend the period for challenging the original order or sufficiently explain the delay.
Conclusion: Exercise of extraordinary writ jurisdiction was not warranted in view of the unavailed alternative remedy and unexplained delay and laches (against the assessee).
Issue (ii): Whether Section 6(2)(b) of the Central Goods and Services Tax Act, 2017 barred proceedings under Section 73 because of earlier proceedings initiated by the DGGI under Section 74.
Analysis: Section 6(2)(b) prevents parallel proceedings by different GST authorities only where they concern the same subject matter. The Section 73 proceedings concerned correct tax liability and admissibility of input tax credit under Section 16(2)(c), whereas the DGGI proceedings under Section 74 concerned fraudulent availment of input tax credit without actual supply and involved multiple noticees. An overlap in transactions or period, or a common factual background, did not establish identity of subject matter.
Conclusion: The proceedings were not on the same subject matter, and the bar under Section 6(2)(b) was not attracted (against the assessee).
Issue (iii): Whether conclusion of the DGGI proceedings and Section 75(13) of the Central Goods and Services Tax Act, 2017 precluded the separate demand.
Analysis: The DGGI proceedings against co-noticees were deemed concluded following payment by the principal noticee; no tax, interest, or penalty was imposed upon the petitioner in those proceedings. Section 75(13) requires a prior penalty upon the person for the same act or omission, which was not established. Closure of proceedings on a distinct statutory basis did not extinguish the independently determined liability.
Conclusion: Neither the conclusion of the DGGI proceedings nor Section 75(13) precluded the separate liability (against the assessee).
Final Conclusion: The jurisdictional and statutory objections did not invalidate the separate adjudication, while remedies available against any decision on the pending rectification application remained governed by law.
Ratio Decidendi: The prohibition on parallel GST proceedings under Section 6(2)(b) applies only where the proceedings concern an identical subject matter; common transactions, overlapping periods, or a common assessee are insufficient where the statutory basis and allegations materially differ.