Share on LinkedInShare on LinkedIn

ARTICLE · 28 AUGUST 2025

Parallel Proceedings By State And Central Authorities When Permissible/not Permissible

Lakshmikumaran & Sridharan
Lakshmikumaran & Sridharan
Contributor
Lakshmikumaran & Sridharan

Lakshmikumaran & Sridharan

Lakshmikumaran & Sridharan (LKS) is a premier full-service Indian law firm specializing in areas...

View firm profile
Explore more from Lakshmikumaran & Sridharan

The Supreme Court has in its Judgement dated 14 August 2025 upheld the Delhi High Court decision which had declined to interdict the summons issued by the Central GST authorities pursuant to a search...

IndiaTax
Lakshmikumaran & Sridharan Attorneys
Lakshmikumaran & Sridharan Attorneys
Author LinkedIn connections

The Supreme Court has in its Judgement dated 14 August 2025 upheld the Delhi High Court decision which had declined to interdict the summons issued by the Central GST authorities pursuant to a search, in a case where the assessee had relied upon Section 6(2)(b) of the CGST Act, 2017 to submit that since the State GST authorities were in seisin of the proceedings, it would be impermissible for the Central authorities to commence any proceedings. While holding so, the Apex Court observed that,

  • All actions initiated for inquiry/gathering of evidence or information do not constitute 'proceedings' within the meaning of Section 6(2)(b) of the CGST Act.
  • Expression 'initiation of any proceedings' occurring in Section 6(2)(b) refers to the formal issuance of SCN, and does not cover issuance of summons, or the conduct of any search, or seizure etc.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from