M/S Rsg Stones vs. Union Of INDIA

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CW/19496/2023HC RajasthanGSTCNR RJHC02099343202319 February 2024Bench: AVNEESH JHINGAN,SHUBHA MEHTA2 pages
AI SummaryRemanded

Facts

The petitioner, M/s Rsg Stones, filed a writ petition before the Rajasthan High Court seeking a direction to respondents Nos. 7 and 8 to decide applications filed under Section 149 of the Customs Act, 1962, for amendment of Bills of Entry. The petitioner contended that these applications have been pending since August 2019. A further grievance was that show-cause notices were issued to create a demand for tax on the failure of the petitioner to produce re-assessed Bills of Entry, without first deciding the pending amendment applications. The petition also challenged these show-cause notices dated December 31, 2022, and August 18, 2023.

Held

The Court held that the applications filed by the petitioner under Section 149 of the Customs Act, 1962, for amendment of the Bills of Entry, which had been pending since August 2019, needed to be decided. The Court acknowledged that the issue raised in the show-cause notices was interconnected with the pendency of these applications. Therefore, the Court directed respondents Nos. 7 and 8 to decide the applications filed under Section 149 of the Act within four weeks from the date of the order. The Court further stipulated that the respondents should first proceed to decide these applications before taking further action on the show-cause notices. The ratio decidendi is that procedural delays in deciding fundamental applications, such as amendment of import documents, should not lead to the premature issuance of tax demands, and such applications must be adjudicated first.

Key Issues

1. Whether the respondent authorities (Nos. 7 & 8) should be directed to decide the applications filed by the petitioner under Section 149 of the Customs Act, 1962, for amendment of Bills of Entry, which have been pending since August 2019. 2. Whether the show-cause notices dated December 31, 2022, and August 18, 2023, which seek to create a demand for tax based on the petitioner's failure to produce re-assessed Bills of Entry, are validly issued when the applications for amendment of the original Bills of Entry are still pending. Petitioner's Arguments: The petitioner argued that the delay in deciding the amendment applications is causing prejudice, and that the issuance of show-cause notices without resolving the underlying issue of Bill of Entry amendment is premature and unjustified. The petitioner sought a direction for the expeditious disposal of their applications. Revenue's Arguments: The judgment does not record any specific arguments made by the respondents. However, the court's direction implies that the respondents were expected to address the pending applications.

Sections Cited

Section 149

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
[2024:RJ-JP:8373-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 19496/2023 M/s Rsg Stones, B-74A, Road No 1C, Vki Area, Jaipur, Rajasthan, 302013 Through Authorized Signatory Shri Ashish Gupta, S/o Shri Radhey Shyam Gupta, Aged About 37 Years, R/o B-24-25, Dev Nagar, Tonk Road, Jaipur-302015 ----Petitioner Versus 1. Union Of India, Through The Revenue Secretary, Minstry Of Finance, North Block, New Delhi-110001. 2. The Additonal Commissioner, Central Goods And Services Tax And Central Excise Commissionerate, Jaipur, Ncr Building, Statue Circle, C-Scheme, Jaipur-302005. 3. The Superintendent, Central Goods And Services Tax, Range-1, Div-A, Central Gst Bhawan, Cp-21,22,23, Road No. 1D, Vki Area, Jaipur-302007. 4. The Deputy Commissioner Of Customs, Icd-Concor, Kanakpura, Jaipur-302012. 5. The Additional Director, Directorate General Of Gst Intelligence, Jaipur Zonal Unit, C-62, Sarojini Marg, C- Scheme, Jaipur, Rajasthan-302001. 6. State Of Rajasthan, Through The Finance Secretary (Revenue), Finance Department, Government Of Rajasthan, 1St Floor, Main Building, Government Secretariat, Janpath, Jaipur, Rajasthan 302005. 7. The Additional Commissioner Of Customs, Inland Container Depot, Whitefield, Banglore-560066. 8. The Additional Commissioner Of Customs, Air Cargo Complex, Bengaluru International Airport Devanahali, Bengalaru-560300. ----Respondents For Petitioner(s) : Mr. Rahul Lakhwani For Respondent(s) : Mr. Bharat Vyas, AAG with Mr. Lokesh Jangid Mr. Sandeep Pathak HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MRS. JUSTICE SHUBHA MEHTA [2024:RJ-JP:8373-DB] (2 of 2) [CW-19496/2023]

Order 19/02/2024

1.

This petition is filed with direction to the respondent Nos.7 & 8 to decide the applications filed under Section 149 of the Customs Act, 1962 (for short ‘the Act’) for amendment of the subject Bills of Entry.

2.

The second prayer is challenging the show-cause notice dated 31.12.2022 & 18.08.2023. 3. The grievance raised in petition is that the applications are pending since August, 2019 onwards but the needful has not been done. Further grievance is that without deciding the applications, show-cause notices have been issued for creating the demand on failure of the petitioner to produce the re-assessed Bills of Entry.

4.

Considering the nature of prayer, this petition is disposed of with a direction to respondent Nos.7 & 8 to decide the applications filed under Section 149 of the Act within four weeks from today.

5.

There is no doubt considering that pendency of the applications and the issue raised in show-cause notice is inter- connected, the respondents shall first proceed with to decide the applications. (SHUBHA MEHTA),J (AVNEESH JHINGAN),J Monika/Daksh/9

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.