Manoj S/O Shri Harish Kumar vs. The Superintendent(Tax Evasion)

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CW/20489/2023HC RajasthanGSTCNR RJHC02103575202330 January 2024Bench: AVNEESH JHINGAN,SHUBHA MEHTA2 pages
AI SummaryDismissed

Facts

The petitioner, Manoj, filed a writ petition before the High Court of Judicature for Rajasthan, Bench at Jaipur. The respondents were various authorities under the Central Goods and Services Tax (CGST) Commissionerate, Udaipur, and the State of Rajasthan. The petition challenged an order or action passed by these authorities. The specific tax period(s) and the amount in dispute are not recorded in the judgment. The procedural history leading to the filing of the writ petition is also not detailed. The judgment indicates that the petitioner's counsel argued the matter at length.

Held

The Court held that the petitioner, having argued at length, was not pressing the writ petition. Consequently, the Court dismissed the petition as not pressed. The Court granted the petitioner the liberty to avail the appropriate remedy in accordance with law for the redressal of his grievance. Any pending applications on record were also disposed of. The specific reasons for the petitioner's decision not to press the petition, or the substantive legal issues that were thus avoided, were not elaborated upon by the Court.

Key Issues

The primary issue before the Court was the grievance raised by the petitioner against the actions of the GST authorities. The petitioner's counsel, after arguing at length, sought to withdraw the petition with liberty to avail alternative remedies. Therefore, the Court did not have to decide on the substantive legal questions that might have been initially framed. The petitioner's argument was to withdraw the petition. The respondents' argument is not recorded as the petitioner sought to withdraw the petition.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
[2024:RJ-JP:4914-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 20489/2023 Manoj S/o Shri Harish Kumar, Aged About 38 Years, 112/236, Agarwal Farms, Thadi Market, Mansarovar, Jaipur ----Petitioner Versus 1. The Superintendent(Tax Evasion), Central Goods And Services Tax Commissionerate, Udaipur, Rajasthan 2. The Deputy Commissioner, Central Goods And Services Tax, Division-D, Kankroli, Opposite R.k. Hospital, Housing Board Colony, Kankroli, Rajsamand- 313342 3. The Additional Commissioner, Central Goods And Services Tax, Division- D, Kankroli 4. Union Of India Through Commissioner Cgst, Udaipur, Rajasthan 5. State Of Rajasthan Through Chief Commissioner Sgst, Kar Bhawan, Ambedkar Circle, C-Scheme, Bhawani Singh Rd, Jaipur, Rajasthan 302005 ----Respondents For Petitioner(s) : Mr.Ranjan Mehta For Respondent(s) : Mr.Ajay Shukla HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MRS. JUSTICE SHUBHA MEHTA

Order 30/01/2024

1.

Learned counsel petitioner, after arguing at length, submits that he is not pressing the petition with liberty to the petitioner to avail the remedy in accordance with law for redressal of his grievance.

2.

The petition is dismissed as not pressed with liberty as prayed for.

[2024:RJ-JP:4914-DB] (2 of 2) [CW-20489/2023]

3.

Any application(s), if any on record, also stands disposed of. (SHUBHA MEHTA),J (AVNEESH JHINGAN),J Preeti Asopa /63

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.