M/S Lineage Helath Care LTD. (Unit Cocoon Hospital) vs. State Of Rajasthan

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CW/9648/2020HC RajasthanGSTCNR RJHC02049467202028 June 2022Bench: INDRAJIT MAHANTY,PRAKASH GUPTA2 pages
AI SummaryDismissed

Facts

The petitioner, M/s Lineage Health Care Ltd. (Unit Cocoon Hospital), filed two civil writ petitions before the Rajasthan High Court. The petitions were filed against the State of Rajasthan, the Commissioner (SGST), and the Assistant Commissioner, Commercial Taxes Department. The specific tax periods and 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 petitions is also not elaborated upon in this specific order.

Held

The Court allowed the applications for withdrawal of the petitions. The reasoning provided is that the reasons stated in the applications for withdrawal were found to be sufficient by the Court. Consequently, the petitions were dismissed as withdrawn. The Court granted liberty to the petitioner to revive the petitions in case a future eventuality arises, implying that the underlying issues were not adjudicated upon but were being set aside for the present. No specific findings were made on any GST-related issues, as the petitions were withdrawn before any substantive hearing on the merits.

Key Issues

The Court was asked to consider an application for withdrawal of the petitions. The primary issue was whether to allow the petitioner's request to withdraw the writ petitions. The petitioner sought to withdraw the petitions, and the respondents, represented by the Advocate General and other counsel, were present. The judgment does not record any specific arguments made by either side regarding the merits of the underlying GST dispute, as the focus was solely on the withdrawal application. The Court had to decide whether to grant the liberty to withdraw the petitions and under what conditions.

AI-generated summary — verify with the full judgment below

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 9655/2020 M/s Lineage Health Care Ltd., (Unit Cocoon Hospital) 14, Airport Road, Tonk Road, Jaipur Through Its Authorized Representative Rakesh Kumar Sharma. ----Petitioner Versus

1.

State Of Rajasthan, Through Secretary Finance, Secretariat, Janpath, Jaipur (Raj.)

2.

Commissioner (SGST), Erstwhile Commissioner Of Luxury Tax Kar Bhawan, Jan Path Jaipur (Raj.)

3.

Assistant Commissioner, Commercial Taxes Department, Anti Evasion Zone-III, Jaipur (Raj.) ----Respondents Connected With D.B. Civil Writ Petition No. 9648/2020 M/s Lineage Helath Care Ltd. (Unit Cocoon Hospital), 14, Airport Road, Tonk Road, Jaipur Through Its Authorized Representative Rakesh Kumar Sharma. ----Petitioner Versus

1.

State Of Rajasthan, Through Secretary Finance, Secretariat, Janpath, Jaipur (Raj.)

2.

Commissioner (SGST), Erstwhile Commissioner Of Luxury Tax Kar Bhawan, Jan Path, Jaipur (Raj.)

3.

Assistant Commissioner, Commercial Taxes Department, Anti Evasion Zone-III, Jaipur (Raj.) ----Respondents For Petitioner(s) : Mr. Ram Kumar Sharma, Advocate For Respondent(s) : Mr. M.S. Singhvi, Advocate General with Mr. Siddhant Jain, Advocate and Mr. Pranav Bhansali, Advocate Mr. Sheetanshu Sharma, Advocate for Commercial Taxes Department

(2 of 2) [CW-9655/2020] HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MRS. JUSTICE SHUBHA MEHTA Judgment / Order 28/06/2022 Heard on application for withdrawal of the petitions.

For the reasons stated in the applications, the prayer for withdrawal of the petitions are allowed with liberty to revive, in case eventuality so arises. Accordingly, the petitions are dismissed as withdrawn with liberty aforesaid. (SHUBHA MEHTA),J (MANINDRA MOHAN SHRIVASTAVA),J Mohita /80-81

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.