M/S. Eternal Heart Care Centre And Research Institute Private Limited vs. The State Of Rajasthan

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CW/8479/2020HC RajasthanGSTCNR RJHC02045272202004 September 2023Bench: MANINDRA MOHAN SHRIVASTAVA,ASHUTOSH KUMAR3 pages
AI SummaryDismissed

Facts

The petitioner, M/s. Eternal Heart Care Centre And Research Institute Private Limited, filed multiple writ petitions before the Rajasthan High Court. These petitions were directed against the State of Rajasthan and its tax authorities, including the Commissioner (SGST) and the Assistant Commissioner, Anti Evasion. The specific tax periods and the exact nature of the orders or actions under challenge, as well as the amounts in dispute, are not detailed in the provided judgment excerpt. The procedural history leading to these writ petitions is also not elaborated upon.

Held

The Court granted the petitioner's request to withdraw the writ petitions. The reasoning provided is that the learned counsel for the petitioners sought permission to withdraw, and this permission was granted by the Court. Consequently, the writ petitions were dismissed as withdrawn. The Court also granted liberty to the petitioner to revive the petitions in case an eventuality so arises. No specific findings were made on the merits of the underlying GST dispute, as the case was disposed of on the petitioner's request for withdrawal.

Key Issues

1. Whether the petitioner is entitled to withdraw the present writ petitions. (Implicit issue arising from the petitioner's request) Petitioner's Contention: The petitioner, through their learned counsel, sought permission to withdraw the writ petitions. No specific arguments were recorded in the judgment regarding the merits of the case or the grounds for withdrawal, beyond the request itself. Respondents' Contention: The judgment does not record any specific arguments from the respondents regarding the petitioner's request for withdrawal. The Advocate General assisted by Mr. Sheetanshu Sharma appeared for the respondents.

AI-generated summary — verify with the full judgment below

[2023:RJ-JP:20775-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 8480/2020 M/s. Eternal Heart Care Centre And Research Institute Private Limited, Having Its Registered Office At 3A, Jagatpura Road, Near Jawahar Circle, Jaipur A Company Incorporated Under Companies Act 1956 Through Its Authorized Signatory Shri Ajay Sharma Assistant General Manager Admin And Corporate Affairs ----Petitioner Versus

1.

The State Of Rajasthan, Through Its Principal Secretary, Finance, Government Of Rajasthan, Secretariat, Jaipur.

2.

The Commissioner (SGST), Rajasthan, Kar Bhawan, Ambedkar Circle, Jaipur.

3.

Assistant Commissioner, Anti Evasion, Zone III, Commercial Taxes Department Kar Bhawan, Jhalana Doongri Jaipur. ----Respondents Connected With D.B. Civil Writ Petition No. 8453/2020 M/s Eternal Heart Care Centre And Research Institute Private Limited, Having Its Registered Office At 3A, Jagatpura Road, Near Jawahar Circle, Jaipur A Company Incorporated Under Companies Act 1956 Through Its Authorized Signatory Shri Ajay Sharma Assistant General Manager Admin And Corporate Affairs ----Petitioner Versus

1.

The State Of Rajasthan, Through Its Principal Secretary, Finance, Government Of Rajasthan, Secretariat, Jaipur.

2.

The Commissioner (SGST), Rajasthan, Kar Bhawan, Ambedkar Circle, Jaipur.

3.

Assistant Commissioner, Anti Evasion, Zone III, Commercial Taxes Department Kar Bhawan, Jhalan Doongri Jaipur. ----Respondents D.B. Civil Writ Petition No. 8478/2020 M/s. Eternal Heart Care Centre And Research Institute Private Limited, Having Its Registered Office At 3A, Jagatpura Road,

[2023:RJ-JP:20775-DB] (2 of 3) [CW-8480/2020] Near Jawahar Circle, Jaipur A Company Incorporated Under Companies Act 1956 Through Its Authorized Signatory Shri Ajay Sharma Assistant General Manager Admin And Corporate Affairs ----Petitioner Versus

1.

The State Of Rajasthan, Through Its Principal Secretary, Finance, Government Of Rajasthan, Secretariat, Jaipur.

2.

The Commissioner (SGST), Rajasthan, Kar Bhawan, Ambedkar Circle, Jaipur.

3.

Assistant Commissioner, Anti Evasion, Zone III, Commercial Taxes Department Kar Bhawan, Jhalana Doongri Jaipur. ----Respondents D.B. Civil Writ Petition No. 8479/2020 M/s. Eternal Heart Care Centre And Research Institute Private Limited, Having Its Registered Office At 3A, Jagatpura Road, Near Jawahar Circle, Jaipur A Company Incorporated Under Companies Act 1956 Through Its Authorized Signatory Shri Ajay Sharma Assistant General Manager Admin And Corporate Affairs ----Petitioner Versus

1.

The State Of Rajasthan, Through Its Principal Secretary, Finance, Government Of Rajasthan, Secretariat, Jaipur.

2.

The Commissioner (SGST), Rajasthan, Kar Bhawan, Ambedkar Circle, Jaipur.

3.

Assistant Commissioner, Anti Evasion, Zone III, Commercial Taxes Department Kar Bhawan, Jhalana Doongri Jaipur. ----Respondents For Petitioner(s) : Mr. Dinesh Kumar For Respondent(s) : Mr. M.S. Singhvi, Advocate General assisted by Mr. Sheetanshu Sharma HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order

[2023:RJ-JP:20775-DB] (3 of 3) [CW-8480/2020] 04/09/2023 Learned counsel for the petitioners seeks permission to withdraw these petitions. Permission sought for is granted. These writ petitions are dismissed as withdrawn with liberty to revive in case eventuality so arises. (ASHUTOSH KUMAR),J (MANINDRA MOHAN SHRIVASTAVA),J MADAN/24 & 26-28

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.