Commercial Of Central Goods And Services Tax vs. Vision Freight Solution INDIA LTD.

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EXCIA/187/2018HC RajasthanGSTCNR RJHC02104521201824 February 2023Bench: MANINDRA MOHAN SHRIVASTAVA,ANIL KUMAR UPMAN1 pages
AI SummaryDismissed

Facts

The appellant, Commercial of Central Goods and Services Tax, NCR Building, Jaipur, filed a Central/Excise Appeal No. 187/2018 before the High Court of Judicature for Rajasthan, Bench at Jaipur. The respondent is Vision Freight Solution India Ltd. The appeal was filed against an order or action by a GST authority, though the specific order and tax period are not detailed in the provided text. The appellant, represented by Mr. Mukesh Kataria, Additional Commissioner, CGST, Jaipur, appeared in person. The respondent was not represented. The appellant stated that due to subsequent developments, including the resolution of the dispute under an Amnesty Scheme and the respondent's compliance with the order passed under that scheme, the appellant no longer wished to press the appeal and sought to withdraw it.

Held

The Court accepted the statement made by Mr. Mukesh Kataria, Additional Commissioner, CGST, Jaipur, who was present in person. The appellant stated that due to subsequent developments, including the resolution of the dispute under an Amnesty Scheme and the respondent's compliance with the order passed under that scheme, the appellant did not wish to press the appeal and sought its withdrawal. Placing on record this statement, the Court ordered the dismissal of the appeal as withdrawn. The reasoning was based solely on the appellant's voluntary decision to withdraw the appeal due to the aforementioned subsequent developments, rendering further adjudication unnecessary. No specific provisions of the CGST Act or Rules were discussed in relation to the merits of the original dispute.

Key Issues

The primary issue before the Court was whether the appeal filed by the appellant, the Commercial of Central Goods and Services Tax, should be dismissed as withdrawn. The Court had to decide based on the appellant's submission that subsequent developments, specifically the resolution of the dispute under an Amnesty Scheme and the respondent's compliance therewith, rendered the appeal infructuous. The appellant argued that in light of these developments, they no longer wished to pursue the appeal. The respondent did not present any arguments. The Court's decision would hinge on accepting the appellant's statement and allowing the withdrawal.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
[2023/RJJP/003330] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Central/Excise Appeal No.187/2018 Commercial Of Central Goods And Services Tax, NCR Building Statue Circle, C-Scheme Jaipur (Raj.)-302005 ----Appellant Versus Vision Freight Solution India Ltd., 227 Jalupura S.C. Road Jaipur (Raj.). ----Respondent For Appellant(s) : Mr. Mukesh Kataria, Additional Commissioner, CGST, Jaipur present in person For Respondent(s) : None HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order 24/02/2023 Mr. Mukesh Kataria, Additional Commissioner, CGST is present in person and submits that in view of subsequent development, resolution of dispute under Amnesty Scheme and compliance of the order passed under Amnesty Scheme by the respondent, the appellant does not wish to press this appeal and wants to withdraw the same.

Accordingly, placing on record the statement so made, the appeal is dismissed as withdrawn. (ANIL KUMAR UPMAN),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ Karan/28

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.