M/S. Makkhan Lal And Sons vs. Union Of INDIA
Held
The Court held that the petitioner was entitled to withdraw the writ petition with liberty to file separate petitions for each assessment order. The Court reasoned that the petitioner had sought to withdraw the petition at the current stage, and the respondents had not opposed this request. Therefore, the petition was dismissed as withdrawn with the liberty granted to the petitioner to file separate petitions for each distinct assessment order. No specific assessment orders or amounts in dispute were detailed in the judgment, nor were any specific provisions of the GST Act discussed in relation to the merits of any assessment.
Facts
The petitioner, M/s. Makkhan Lal And Sons, filed a writ petition before the Rajasthan High Court at Jaipur. The petition challenged various orders passed from time to time in different assessment proceedings. The respondents included the Union of India, the Chief Commissioner of Central Goods and Services Tax, the Chief Commissioner of State Goods and Service Tax, and the Joint Commissioner, State Tax, Circle-A, Bharatpur. The petitioner sought to withdraw the writ petition at the current stage.
Key Issues
1. Whether the petitioner is entitled to withdraw the writ petition with liberty to file separate petitions for each assessment order? The petitioner argued that the writ petition had been filed assailing various orders passed from time to time in different assessment proceedings. Consequently, the petitioner sought to withdraw the instant writ petition with liberty to file separate petitions in respect of separate assessment orders. The respondents did not present any arguments against the withdrawal of the petition with liberty as prayed for.
AI-generated summary — verify with the full judgment below
[2024:RJ-JP:42784-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 15200/2024 M/s. Makkhan Lal And Sons, Jaya Market, Kaman, Bharatpur- 321022 (Raj.) Through Its Partner Mr. Vishnu Kumar S/o Sh. Laxman Prasad ----Petitioner Versus
Union Of India, Through Secretary, Finance Department, Government Of India, New Delhi
The Chief Commissioner, Central Goods And Services Tax, Statue Circle, C Scheme, Jaipur
The Chief Commissioner, State Goods And Service Tax, Kar Bhawan, Ambedkar Circle, Jaipur
The Joint Commissioner, State Tax, Circle-A, Bharatpur ----Respondents For Petitioner(s) : Mr. Pankaj Ghiya with Mr. Mayank Vyas For Respondent(s) : Mr. Sandeep Taneja, AAG assisted by Mr. Nishant Sarraf Mr. CS Sinha & Mr. Devesh Yadav on behalf of Mr. RD Rastogi, ASG Mr. Avinash Chaudhary on behalf of Mr. BS Chhaba, AAG HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 10/10/2024
Since this petition has been filed assailing various orders passed from time to time in different assessment proceedings, learned counsel for the petitioner, at this stage, seeks to withdraw the instant wri
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.
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.