Bombay High Court allows Parellel GST Proceedings in Two States [Read Order]

The Bombay High Court has allowed parallel Goods and Services Tax ( GST ) proceedings in two states.

This petitioner has challenged an enquiry initiated by The Superintendent of CGST & Central Excise (AE) Mumbai. The petitoner contended that he is already being subjected to enquiry by CGST Authorities at Jaipur who have issued him a summons dated 7.9.2017. In the above view, it is his contention that two parallel proceedings / enquiries under the same subject are without jurisdiction. Thus, the enquiry by respondent No. 2 in Mumbai being later in point of time be quashed.

While dismissing the petition, the division bench comprising of Justice Akil Kureshi and Justice M.S Sanklecha observed that, “It is an undisputed position before us that the petitioner has taken registration under the CGST Act 2017 & Finance Act, 1994 (service tax) in Mumbai. Thus, having taken registration, he is subject to the jurisdiction of Mumbai authorities in respect of the business which he has carried out within jurisdiction of the authority. It is the case of the petitioner that primarily his business is at Jaipur. This, however, would not determine the issue of whether or not respondent No. 2 has jurisdiction. This is more particularly so as Section 25 of the CGST Act 2017 provides for a separate registration in respect of each state. Once registration has been taken in Mumbai and some services have been rendered in Mumbai, then the petitioner is subject to the jurisdiction of Mumbai Authorities. Thus, no interference with the investigation by the respondent No. 2 at Mumbai is warranted”.