Madras High Court's Landmark Judgment Resolves GST Dual Notice Issue

The Madras High Court resolved a significant issue concerning the Goods and Services Tax (GST) by prohibiting dual notices for a single violation, bringing relief to contractors in Tamil Nadu.


Chennai: The Madras High Court has delivered a landmark judgment that puts an end to the longstanding confusion faced by contractors across Tamil Nadu regarding dual notices issued by both central and state GST departments for the same violation. The judgment, delivered on March 27, 2024, comes as a significant relief, particularly to entities such as Vardhan Infrastructure which had challenged the jurisdictional authority of dual investigations under the GST laws.

Justice C. Saravanan played a pivotal role in resolving this critical issue, pronouncing the judgment after reserving the order since September 15, 2023. The court highlighted the importance of clarity in jurisdictional matters under the Central Goods and Services Tax Act, 2017 (CGST Act), and the Tamil Nadu Goods and Services Tax Act, 2017 (TNGST Act), thereby eliminating the undue burden caused by overlapping investigations and proceedings.

The ruling specifies that the issuance of dual notices for a single GST violation is against the principles of justice, ensuring that either the central or state GST department has the authority to issue notices and conduct proceedings independently. This decision aims to streamline GST-related procedures, reduce confusion, and facilitate easier compliance for contractors and businesses in Tamil Nadu.

KCP Chandra Prakash, Secretary of the Coimbatore Corporation Contractors Welfare Association and Managing Director of KCP INFRA Limited, expressed his gratitude towards the court's decision, highlighting the positive impact it will have on the business community by simplifying tax procedures and reducing legal challenges. The judgment is seen as a milestone in the proper implementation of GST laws, ensuring fair and just treatment for taxpayers in the state.

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