M/S Ridhi Sidhi Traders vs. Chief Commissioner

Original PDF →
CW/3275/2023HC RajasthanGSTCNR RJHC01014238202319 October 2023Bench: AUGUSTINE GEORGE MASIH,VINIT KUMAR MATHUR2 pages
AI SummaryRemanded

Facts

The petitioners, M/s Ridhi Sidhi Traders and M/s Shri Ganesh Traders, filed writ petitions before the Rajasthan High Court at Jodhpur. The petitions challenged actions or orders passed by the Deputy Commissioner, SGST, Circle Nagaur, and the Appellate Authority, Commercial Taxes Department, Ajmer. The specific tax periods and amounts in dispute are not explicitly detailed in the provided order. The procedural history leading to the writ petitions is not elaborated upon, beyond the fact that the petitioners approached the High Court.

Held

The Court held that the writ petitions had become infructuous. This decision was based on the statement made by the learned counsel for the respondents, acknowledging that the requisite benefit had been conferred upon the petitioners as per their claim. The learned counsel for the petitioners also acknowledged this fact. Consequently, the Court found no further necessity to adjudicate the matter on merits. The ratio decidendi is that when parties mutually agree that the relief sought has been granted, rendering the litigation unnecessary, the Court will dispose of the matter as infructuous. The operative direction was to dispose of the writ petitions as infructuous, and all pending applications were also disposed of.

Key Issues

The Court had to decide whether the writ petitions were infructuous. The petitioner's argument was that the respondents had conferred the requisite benefit as per their claim. The respondents' argument, as stated by their counsel, was that the requisite benefit had been conferred upon the petitioners as per their claim. The Court did not frame specific legal questions or refer to specific provisions of the GST Act or Rules in the context of the arguments presented, as the matter was resolved based on the concession made by the respondents.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
[2023:RJ-JD:35920-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 3275/2023 M/s Ridhi Sidhi Traders, Through Proprietor Shri Sahadev Ram S/o Sita Ram Having Principal Place Of Business Situated At Dharnawas, Khinwsar, Nagaur, Rajasthan, 341025 ----Petitioner Versus 1. Chief Commissioner, SGST (Commercial Taxes Department), Kar Bhawan, Ambedkar Circle, Jaipur 302005. 2. Deputy Commissioner, SGST (Commercial Taxes Department), Circle Nagaur, Kar Bhawan, Nagaur. 3. Appellate Authority, Commercial Taxes Department, Ajmer. ----Respondents Connected With D.B. Civil Writ Petition No. 3269/2023 M/s Shri Ganesh Traders, Through Proprietor Smt. Parma Devi W/o Sahadev Ram Having Principal Place Of Business Situated At Dinesh Godown, 0, Near Krishna Super Market, Tausar Road, Nagaur, Rajasthan, 341001 ----Petitioner Versus 1. Chief Commissioner, SGST, (Commercial Taxes Department), Kar Bhawan, Ambedkar Circle, Jaipur 302005. 2. Deputy Commissioner, SGST (Commercial Taxes Department), Circle Nagaur, Kar Bhawan, Nagaur. 3. Appellate Authority, Commercial Taxes Department, Ajmer. ----Respondents For Petitioner(s) : Mr. Sharad Kothari For Respondent(s) : Mr. Hemant Dutt HON'BLE THE CHIEF JUSTICE AUGUSTINE GEORGE MASIH HON'BLE MR. JUSTICE VINIT KUMAR MATHUR [2023:RJ-JD:35920-DB] (2 of 2) [CW-3275/2023]

Order 19/10/2023

1.

Learned counsel for the respondents states that the requisite benefit has been conferred upon the petitioners as per their claim which fact is acknowledged by the learned counsel for the petitioners rendering the present writ petitions infructuous.

2.

The writ petitions stand disposed of as having become infructuous. All pending applications also stand disposed of. (VINIT KUMAR MATHUR),J (AUGUSTINE GEORGE MASIH),CJ 3&4-MohitTak/-

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.