M/S Sandeep Tiles vs. Union Of INDIA

CW/17032/2021HC RajasthanGSTCNR RJHC01071682202106 April 2023Bench: MANINDRA MOHAN SHRIVASTAVA,KULDEEP MATHUR1 pages
AI SummaryDismissed

Facts

The petitioner, M/s Sandeep Tiles, through its Proprietor Deepak Sharma, filed a writ petition before the High Court of Judicature for Rajasthan at Jodhpur. The respondents included the Union of India, the Goods and Services Tax Council, Goods and Service Tax Network (GSTN), the Central Board of Indirect Taxes and Customs (CBIC), and the Superintendent of Central Goods and Services Tax, Jodhpur. The specific tax period(s) and the exact nature of the grievance or the order/action under challenge are not detailed in the provided text. The procedural history is limited to the filing of the writ petition and the subsequent request for withdrawal.

Held

The Court granted the petitioner's request to withdraw the writ petition. The Court's decision was based solely on the petitioner's submission seeking permission to withdraw with liberty to revive. The Court held that the writ petition is dismissed as withdrawn, with the liberty granted to the petitioner to revive the same in case their grievance is not redressed. No substantive findings on any GST-related legal or factual issues were made, as the case did not proceed to that stage. The operative direction was the dismissal of the petition as withdrawn with liberty.

Key Issues

The Court did not have to decide any substantive issues of law or fact. The primary question before the Court was whether to grant the petitioner's request to withdraw the writ petition. The petitioner argued for withdrawal, seeking liberty to revive the petition if their grievance remained unaddressed. The respondents' arguments are not recorded in the judgment. No specific provisions of GST law or any precedents were discussed in relation to the substantive merits of the case, as the matter was resolved through withdrawal.

AI-generated summary — verify with the full judgment below

[2023/RJJD/008943] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 17032/2021 M/s Sandeep Tiles, Through Its Proprietor Deepak Sharma S/o Shri B.d. Sharma, Age 33 Years, Resident Of E/73 Kalpatru Shopping Centre Jodhpur. ----Petitioner Versus

1.

Union Of India, Ministry Of Finance (Department Of Revenue) Room No. 46, North Block, New Delhi 110001 Through Joint Secretary (Revenue).

2.

The Goods And Services Tax Council (Gst Council), Office Of The Gst Council Secretariat, 5Th Floor, Tower Ii, Jeevan Bharti Building, Janpath Road, Cannought Place, New Delhi 110001 Through Its Secretary.

3.

Goods And Service Tax Network (Gstn), Through Its Ceo, East Wing, Worldmark 1, 4Th Floor, Tower B, Aerocity, New Delhi 110037. 4. Central Board Of Indirect Taxes And Custom, Through Its Chairman, Department Of Revenue, North Block, New Delhi 110001. 5. Superintendent, Circle-F, Office Of Central Goods And Services Tax, Jodhpur. ----Respondents For Petitioner(s) : Mr. Vinay Jain For Respondent(s) : --- HON'BLE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE KULDEEP MATHUR Order 06/04/2023 Learned counsel for the petitioner seeks permis

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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.