Rajasthan Patrika PVT. LTD. vs. Union Of INDIA
Held
The Court held that the issues raised by the petitioners in these writ petitions are squarely covered by the Supreme Court's judgment in the case of Union of India & Ors. Vs. VKC Footsteps India Pvt.Ltd. (Civil appeal No.4810/2021), decided on 13/09/2021. Consequently, the Court dismissed the petitions without further discussion. The reasoning is that the Supreme Court has already pronounced on the matters, establishing that grievances or anomalies within the GST framework can and should be addressed by the GST Council. The dismissal of these petitions does not preclude the petitioners from making any objections to the GST Council, if they are so advised.
Facts
These consolidated writ petitions were filed by various companies, including Rajasthan Patrika Pvt. Ltd., Voylla Fashions Private Limited, Jewel Alliance Network Pvt. Ltd., M/s Paharia Minerals, M/s Ajanta Soya Ltd., and Adani Wilmar Limited. The petitioners are challenging certain aspects of the Goods and Services Tax (GST) regime. The specific orders or actions under challenge and the tax periods are not detailed in the provided text. The procedural history indicates that these matters were brought before the High Court of Judicature for Rajasthan, Bench at Jaipur, as writ petitions.
Key Issues
1. Whether the issues raised by the petitioners in these writ petitions are covered by the Supreme Court's judgment in Union of India & Ors. Vs. VKC Footsteps India Pvt.Ltd. (Civil appeal No.4810/2021) decided on 13/09/2021. The petitioner's contention is that their grievances and anomalies within the GST regime warrant judicial intervention. The respondent's contention, implicitly, is that the Supreme Court's ruling in VKC Footsteps India Pvt.Ltd. is dispositive of the issues presented, and that the GST Council is the appropriate forum for addressing such grievances.
AI-generated summary — verify with the full judgment below
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 5598/2021 Rajasthan Patrika Pvt. Ltd., Having Its Registered Office At Kesargarh J.l.n Marg, Jaipur, Rajasthan 302004 Through Its Authorised Signatory Shri Hanuman Prasad Tiwari (Director) S/o Late Shri Mohan Lal Tiwari Aged About 61 Years R/o 23/143, Swarn Path, Mansarover, Jaipur (Raj) ----Petitioner Versus
Union Of India, Ministry Of Finance, Department Of Revenue, Room No. 46, North Block New Delhi 110001 Through Its Secretary
State Of Rajasthan, Finance Department (Tax Division) 1St Floor, Main Building, Gate 2, Government Secretariat, Jaipur Rajasthan 302005 Through Its Joint Secretary
The Goods And Service Tax Council (Gst Council), Office Of The Gst Council, Secretariat, 5Th Floor, Town Ii, Jeeven Bharti Building Janpath Road, Connaught Place, New Delhi 110001 Through Its Secretary
Deputy Commissioner, Central Goods And Service Tax Division-1, Room No. 304, Sector 10, Near Vidhyadhar Nagar Stadium, Vidhyadhar Nagar, Jaipur 302023 ----Respondents Connected With D.B. Civil Writ Petition No. 24375/2018 Voylla Fashions Private Limited, J 469-471, Riico Industrial Area, Sitapura
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