Once proceedings on a subject matter are initiated by state authorities under section 73, central authorities are barred under section 6(2)(b) from initiating fresh proceedings or audit on the same issue for the same period.

ABDUR ROUF KHAN

Vs.

SUPERIENTENDENT OF CENTRAL TAX & ORS.

WPA 3987 of 2025

 HIGH COURT: Calcutta

DATED: 09.07.2025

2025 Taxo.online 1613

Challenge to audit observations on ground of prior adjudication by state authorities – Fresh audit proceedings for overlapping periods held in violation of section 6(2)(b) – Central authorities barred from reinitiating audit for periods already covered by state authorities – Respondents submits audit under Section 65 statutorily sanctioned and no final determination under Section 65(7) yet made – Court held once audit proceedings culminated in adjudication under Section 73 based on earlier audit observations no scope for reinitiating audit for same periods – Continuation of audit permissible only for unaudited periods

Held:  Writ petition disposed – Respondents to confine fresh audit strictly to permissible periods .

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