Imasen Manufacturing INDIA Private Limited vs. Union Of INDIA

CW/7819/2022HC RajasthanGSTCNR RJHC02040862202204 July 2022Bench: MANINDRA MOHAN SHRIVASTAVA,SHUBHA MEHTA2 pages
AI SummaryRemanded

Facts

The petitioner, Imasen Manufacturing India Private Limited, filed a writ petition before the Rajasthan High Court challenging the legality of proceedings initiated for the determination of tax under Section 73 of the CGST Act. The petitioner contended that the proceedings were illegal. The respondents, including the Union of India and various GST authorities, were directed by the Court to file a reply. Subsequently, the learned counsel for the respondent informed the Court that a show-cause notice has now been issued to the petitioner. The Court, without commenting on the merits, noted that the petitioner could avail of available remedies against the show-cause notice.

Held

The Court held that since a show-cause notice has been issued to the petitioner, it would be open for the petitioner to take such remedies as may be available to him against the show-cause notice. This includes raising all grounds available under the law, including those that were taken in the writ petition. The Court did not comment on the merits of the petitioner's original contention regarding the illegality of the proceedings prior to the issuance of the show-cause notice. The writ petition was disposed of with liberty to the petitioner to pursue remedies against the show-cause notice.

Key Issues

1. Whether the proceedings initiated for the determination of tax under Section 73 of the CGST Act were illegal, as contended by the petitioner? Petitioner's contention: The petitioner argued that the proceedings initiated for the determination of tax under Section 73 of the CGST Act were illegal. They sought relief from the High Court on this basis. Revenue's contention: The respondent submitted that a show-cause notice has now been issued to the petitioner. They did not explicitly argue on the legality of the prior proceedings but indicated that the issuance of the show-cause notice was the current procedural step.

Sections Cited

Section 73

AI-generated summary — verify with the full judgment below

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 7819/2022 Imasen Manufacturing India Private Limited, Sp-2, 18-19, New Industrial Complex, Japanese Investment Zone, Neemrana, Alwar-301705 Through The Director Masahiro Iwata S/o Masaru Iwata Aged About 58 Years, R/o Tenjiku Hotels Private Limited, S-2 Japanese Investment Zone, Neemrana, Alwar-301705 ----Petitioner Versus

1.

Union Of India, Through Secretary, Department Of Revenue, Ministry Of Finance, North Block, New Delhi- 110001

2.

Central Board Of Indirect Taxes And Customs, Department Of Revenue, North Block, New Delhi-110 001

3.

Senior Intelligence Officer, Director General Of Goods And Services Tax, Intelligence, Jaipur Zonal Unit, C-62, Sarojani Marg, C-Scheme, Jaipur-302001

4.

Commissioner Of Central Goods And Services Tax, Room No. 303, Sector-10, Near Vidhyadhar Nagar Stadium, Vidyadhar Nagar, Jaipur-302023. ----Respondents For Petitioner(s) : Mr. Kishore Kunal with Mr. Arjun Singh, Advocate for Mr. Daksh Pareek, Advocate For Respondent(s) : Ms. Mahi Yadav, Advocate HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MRS. JUSTICE SHUBHA MEHTA Order 04/07/2022 This Court ha

The judgment continues below.

Read the full judgment

A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

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.