Gayatri Constructions vs. Commissioenr, Central Goods And Services Tax

CW/817/2021HC RajasthanGSTCNR RJHC02005147202105 September 2023Bench: MANINDRA MOHAN SHRIVASTAVA,PRAVEER BHATNAGAR1 pages
AI SummaryRemanded

Held

The Court held that the writ petition had become infructuous. This decision was based on the submission made by the learned counsel for the petitioner. The Court did not delve into the merits of the case or the underlying GST dispute. The reasoning was solely predicated on the petitioner's assertion that the matter was no longer alive due to the passage of time and subsequent developments. The ratio decidendi is that if a party to a writ petition concedes that the matter has become infructuous, the court will dispose of the petition on that basis without further adjudication. The operative direction was to dispose of the petition as having been rendered infructuous.

Facts

The petitioner, Gayatri Constructions, filed a writ petition before the High Court of Judicature for Rajasthan, Bench at Jaipur. The respondents were the Commissioner and Superintendent of Central Goods and Services Tax, Jaipur Zone. The specific tax period and the order or action under challenge are not detailed in the provided text. The procedural history is limited to the filing of the writ petition. The amount in dispute is not stated.

Key Issues

1. Whether the writ petition has become infructuous due to the efflux of time and subsequent events? (Question of fact) Petitioner's Contention: The learned counsel for the petitioner submitted that the petition has become infructuous due to the efflux of time and subsequent events. Revenue's Contention: No specific contention was recorded for the revenue in the provided judgment.

AI-generated summary — verify with the full judgment below

[2023:RJ-JP:20978-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 817/2021 Gayatri Constructions, 37 Vinayak Tower, Vidhyadhar Nagar, Jaipur Through Its Authorized Signatory - Mr. Anil Jasoriya. ----Petitioner Versus

1.

Commissioenr, Central Goods And Services Tax, (Jaipur Zone), Office Of The Commissioner Central Goods And Services, New Central Revenue Building, Statute Circle, C-Scheme, Jaipur.

2.

Superintendent, Central Goods And Services Tax, Range - VIII, Division B, Jaipur, 2nd Floor, CP 21-22-23, Road No. 10 VKI Area, Jaipur. ----Respondents For Petitioner(s) : Mr. Anupam Bhargava, Advocate for Mr. Ashish Kumar Singh, Advocate HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Judgment / Order 05/09/2023 Learned counsel for the petitioner submits that by efflux of time and due to subsequent event, this petition is now rendered infructuous. Accordingly, this petition is disposed off as having been rendered infructuous. (PRAVEER BHATNAGAR),J (MANINDRA MOHAN SHRIVASTAVA),J Mohita/3

The judgment continues below.

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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.