The ruling in brief
Where DGGI issued composite show-cause notice to 146 noticees in proceedings relating to alleged IGST refund and ITC fraud, Notification No. 2/2017 as amended by Notification No. 2/2022 was held to validly confer pan-India jurisdiction on officers for DGGI SCNs and circular allocating competent adjudicating officer was held to merely regulate allocation without conferring jurisdiction, therefore jurisdictional challenge was to be rejected
Where composite SCN arising from DGGI investigation was assigned to common adjudicating authority based on highest amount of demand criterion, such criterion was held objective, quantifiable and uniformly applicable with rational nexus to single and consistent adjudication of one cause, and its application did not involve impermissible sub-delegation or enlargement of jurisdiction
Where Additional Commissioner, CGST, Delhi acting as common adjudicating authority passed order against Haryana-registered petitioners, appellate forum was held to lie before Commissioner (Appeals) of Commissionerate where common adjudicating authority was posted as already notified under Table III of Notification No. 2/2017 and clarificatory circular merely reiterated said position
Provisions considered
Section 5, read with Sections 3, 166, 167 and 168 of Central Goods and Services Tax Act, 2017/Delhi Goods and Services Tax Act, 2017 - Section 6 of Haryana Goods and Services Tax Act, 2017; Section 168, read with Sections 5 and 167 of Central Goods and Services Tax Act, 2017/Delhi Goods and Services Tax Act, 2017; Section 107, read with Section 168 of Central Goods and Services Tax Act, 2017/Delhi Goods and Services Tax Act, 2017
This summary is for general information and is not legal advice. Read the full decision and the applicable law before relying on it.