M/S. Jai Krishna Traders vs. Union Of INDIA
Original PDF →Facts
The petitioner, M/s. Jai Krishna Traders, filed a writ petition before the High Court of Rajasthan, Bench at Jaipur. The petition was directed against a show cause notice issued by the GST authorities. During the pendency of the writ petition, a final adjudication order was passed by the respondents. The petitioner was represented by Ms. Paridhi Jain and Mr. Mayank Vyas, while the respondents were represented by Mr. Palash Gupta, Mr. Kartikeya Sharma, and Mr. Sandeep Taneja. The court heard submissions from both sides regarding the development of the case.
Held
The Court held that the writ petition, which was directed against a show cause notice, had become infructuous because a final adjudication order had been passed during the pendency of the petition. Consequently, the Court was not inclined to keep the petition pending. The Court explicitly stated that it had not expressed any opinion on the merits of the case. The operative direction was to dismiss the petition, granting the petitioner liberty to pursue such remedies as may be available under the law against the newly passed adjudication order. Any pending applications were also dismissed.
Key Issues
1. Whether the writ petition should be dismissed as infructuous given that a final adjudication order has been passed during its pendency, thereby rendering the challenge to the show cause notice moot. Petitioner's contention: The petitioner likely sought to argue that the writ petition should continue, possibly to challenge the final order or to seek specific directions from the High Court. However, the judgment does not record any specific arguments made by the petitioner's counsel on this point. Revenue's contention: The respondents, represented by their counsel, likely argued that the passing of the final order makes the writ petition challenging the show cause notice redundant and that the petitioner should pursue remedies against the final order. The judgment does not explicitly detail the revenue's arguments but reflects their stance by the court's decision.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
Order 04/03/2025
Heard.
Taking into consideration the submission that during pendency of this petition, directed against show cause notice, now final order has been passed, we are not inclined to keep this [2025:RJ-JP:9309-DB] (2 of 2) [CW-1177/2025] petition pending but to dismiss the same with liberty to take such remedy, as may be available under the law against the adjudication order passed. It is made clear that we have not expressed any opinion on the merits of the case.
The petition is, accordingly, dismissed. Pending application, if any, also stands dismissed. (BHUWAN GOYAL),J (MANINDRA MOHAN SHRIVASTAVA),CJ KAMLESH KUMAR-RAHUL/5
Reproduced from the public record of the Rajasthan High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.