Vision Communication And Ors. vs. Dara Projects PVT LTD

FAO (COMM)/139/2023HC DelhiGSTCNR DLHC01025866202323 April 2024Bench: HON'BLE MR. JUSTICE RAJIV SHAKDHER,HON'BLE MR. JUSTICE AMIT BANSAL2 pages
For Petitioner: Mr Niraj Gupta and Mr Rakesh Kumar Dudeja, AdvocatesFor Respondent: Mr Aayushmaan Gauba, Ms Gunjan Chhabra and Mr Dhruv Goyal, Advocates along with Mr Sarabjeet Singh Dara, AR of the respondent
AI SummaryPartly Allowed

Facts

This case involves an appeal before the Delhi High Court concerning a dispute between Vision Communication and Ors. (Appellants) and Dara Projects Pvt Ltd (Respondent). The specific tax period and the exact nature of the Goods and Services Tax (GST) dispute are not detailed. However, the core of the matter revolves around a principal amount of Rs. 12,13,843/-. The procedural history indicates that the parties have reached an agreed settlement, leading to the disposal of the appeal based on mutually agreed directions. The dispute appears to have been resolved through a compromise rather than a detailed adjudication of GST provisions.

Held

The Court accepted the agreed directions presented by the counsel for both parties. The Appellants were directed to pay the principal amount of Rs. 12,13,843/- to the Respondent in two tranches: Rs. 5,00,000/- within one week from the date of the order (on or before 30.04.2024), and the remaining amount within nine weeks thereafter. The Respondent was directed to furnish evidence of having deposited GST, with Rs. 1,85,163/- already deposited. The Respondent was to provide proof of this deposit to the Appellants via email within one week. Both parties undertook to abide by these terms. The appeal was disposed of in terms of these agreed directions. No specific GST provisions were discussed or interpreted, and no issue was left undecided as the matter was settled by consent.

Key Issues

The Court was not required to decide any specific legal questions or issues as the parties presented an agreed settlement. Therefore, there were no questions of law or mixed law and fact framed for the Court's determination. The revenue or State did not present any arguments as the matter was resolved by agreement between the parties. The appellants also did not present arguments on specific legal points, as the appeal was disposed of based on agreed directions for payment and furnishing of GST deposit proof.

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Cause title — parties, addresses and appearances
$~45. * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO (COMM) 139/2023 & CM APPL. 34683/2023, CM APPL. 34687/2023 VISION COMMUNICATION AND ORS. ..... Appellants Through: Mr Niraj Gupta and Mr Rakesh Kumar Dudeja, Advocates. versus DARA PROJECTS PVT LTD ..... Respondent Through: Mr Aayushmaan Gauba, Ms Gunjan Chhabra and Mr Dhruv Goyal, Advocates along with Mr Sarabjeet Singh Dara, AR of the respondent. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R % 23.04.2024 [Physical Hearing/Hybrid Hearing (as per request)]

1.

After some arguments, counsel for the parties submit that the appeal can be disposed of based on the following agreed directions: (i) The appellants will pay to the respondent the principal amount, i.e., Rs.12,13,843/- in the following tranches: (a) Rs.5,00,000/- will be paid within one (01) week from today, i.e., on or before 30.04.2024. (b) The remaining amount will be paid within nine (09) weeks commencing from 30.04.2024. FAO (COMM) 139/2023 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded fro

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