P.S. Infrabuild PVT. LTD vs. Union Of INDIA
Original PDF →Facts
The petitioner, P.S. Infrabuild Pvt. Ltd., through its Director Prithvi Singh, filed multiple writ petitions before the Rajasthan High Court at Jodhpur. These petitions were directed against the Union of India and the State of Rajasthan, including the Deputy Commissioner and Additional Commissioner (Appeals) of the State Goods and Services Tax department. The specific tax periods and the exact nature of the orders or actions under challenge, as well as the amounts in dispute, are not detailed in the provided text. The procedural history indicates that the petitioner had already filed appeals in view of a notification dated November 2, 2023.
Held
The Court allowed the petitioner's request to withdraw the writ petitions. The Court's decision was based on the petitioner's stated intention to pursue appeals that had already been filed, in light of a notification dated November 2, 2023. The Court dismissed the writ petitions as withdrawn, granting the petitioner the liberty to pursue their appeals. No specific findings were made on the merits of the underlying GST dispute, as the petitions were withdrawn before any substantive adjudication. The Court did not leave any issues expressly undecided, other than those that would have been addressed had the writ petitions proceeded.
Key Issues
The primary issue before the Court was whether the writ petitions filed by the petitioner were maintainable. The petitioner sought to withdraw these writ petitions. The Court had to decide whether to allow the withdrawal and what liberty, if any, should be granted to the petitioner. The petitioner's counsel sought to withdraw the petitions to pursue appeals that had already been filed. The respondents, represented by various counsel, did not appear to contest the withdrawal. The judgment does not explicitly frame questions of law or detail arguments from the respondents regarding the maintainability of the writ petitions or the withdrawal request.
AI-generated summary — verify with the full judgment below
[2024:RJ-JD:13578-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 15960/2023 P.s. Infrabuild Pvt. Ltd, Through Director Prithvi Singh S/o Shri Balwant Singh, Aged 51, Year, R/o Ward No. 29, Sector No.5, Nr- Jamamasjid, Nohar, Hanumangarh, Rajasthan. ----Petitioner Versus
Union Of India, Through Chief Commissioner, Cgst, Central Revenue Building, Statue Circle, Jaipur.
State Of Rajasthan, Through Commissioner, Sgst (Commerical Taxes Department) Kar Bhawan, Ambedkar Circle, Jaipur.
Dy. Commissioner, State Goods And Services Tax (Rajasthan), Sri Ganganagar.
Additional Commissioner (Appeals), State Gst, Mal Godam Road, Bikaner. ----Respondents Connected With D.B. Civil Writ Petition No. 15051/2023 P. S. Infrabuild Pvt. Ltd., Through Director Prithvi Singh S/o Shri Balwant Singh Aged 51 Years, R/o Ward No. 29, Sector No.5, Nr- Jamamasjid, Nohar, Hanumangarh, Rajasthan. ----Petitioner Versus
Union Of India, Through Chief Commissioner, Cgst, Central Revenue Building, Statue Circle, Jaipur.
State Of Rajasthan, Through Commissioner, Sgst (Commercial Taxes Department), Kar Bhawan, Ambedkar Circle, Jaipur.
Dy. Commissioner, State Goods And Services Tax (Rajasthan), Sri Ganganagar.
Additional Commissioner (Appeals), State Gst, Mal Godam Road, Bikaner. ----Respondents D.B. Civil Writ Petition No. 15053/2023 P.s. Infrabuild Pvt. Ltd., Through Director Prithvi Singh S/o Shri Balwant Singh, Aged 51 Years, R/o Ward No. 29, Sector No. 5,
[2024:RJ-JD:13578-DB] (2 of 3) [CW-15960/2023] Nr Jamamasjid, Nohar, Hanumangarh, Rajasthan. ----Petitioner Versus
Union Of India, Through Chief Commissioner, Cgst, Central Revenue Building, Statue Circle, Jaipur.
State Of Rajasthan, Through Commissioner, Sgst (Commercial Taxes Department), Kar Bhawan, Ambedkar Circle, Jaipur.
Dy. Commissioner, State Goods And Services Tax (Rajasthan), Sri Ganganagar.
Additional Commissioner (Appeals), State Gst, Mal Godam Road, Bikaner. ----Respondents D.B. Civil Writ Petition No. 15693/2023 P.s. Infrabuild Pvt. Ltd., Through Director Prithvi Singh S/o Shri Balwant Singh Aged 51 Years, R/o Ward No. 29, Sector No.5, Nr- Jamamasjid, Nohar, Hanumangarh, Rajasthan. ----Petitioner Versus
Union Of India, Through Chief Commissioner, Cgst, Central Revenue Building, Statue Circle, Jaipur.
Satate Of Rajasthan, Through Commissioner, Sgst (Commercial Taxes Department), Kar Bhawan, Ambedkar Circle, Jaipur.
Dy. Commissioner, State Goods And Services Tax (Rajasthan), Sri Ganganagar.
Additional Commissioner (Appeals), State Gst, Mal Godam Road, Bikaner. ----Respondents For Petitioner(s) : Mr. Rajiv Purohit. For Respondent(s) : Mr. Uttarm Singh for Mukesh Rajpurohit, Dy. S.G. Mr. Hemant Dutt. Mr. Sunil Bhandari.
[2024:RJ-JD:13578-DB] (3 of 3) [CW-15960/2023] HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE MUNNURI LAXMAN Order 21/03/2024 Learned counsel for the petitioners seeks to withdraw the writ petitions to pursue the appeals, which have already been filed in view of notification 2nd of November, 2023. The writ petitions are dismissed as withdrawn with the liberty aforesaid. (MUNNURI LAXMAN),J (MANINDRA MOHAN SHRIVASTAVA),CJ 17-a.asopa/-
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.