Db Industries vs. Union Of INDIA

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CW/4572/2023HC RajasthanGSTCNR RJHC02020345202305 March 2024Bench: MANINDRA MOHAN SHRIVASTAVA,BHUWAN GOYAL2 pages
AI SummaryRemanded

Facts

The petitioner, DB Industries, filed a writ petition before the High Court of Judicature for Rajasthan, Bench at Jaipur. The respondents included the Union of India, the State of Rajasthan, the GST Council, the Central Board of Indirect Taxes and Customs (CBIC), the Chief Commissioner of State Tax, Rajasthan, and the Assistant Commissioner of State Tax, Rajasthan. The writ petition was filed challenging an order or action passed by one of the respondent authorities. The specific tax period(s) and the amount in dispute, if any, are not recorded in the provided text. The procedural history leading to the High Court's decision is that the writ petition was filed and subsequently argued.

Held

The Court held that the writ petition had become infructuous by efflux of time and subsequent events, as submitted by the learned counsel for the petitioner. Consequently, the Court disposed of the writ petition on this basis. The reasoning is solely based on the petitioner's submission that the matter had become infructuous. No other issues were decided, and no specific operative directions were issued beyond disposing of the petition. The ratio decidendi is that if a petitioner submits that a writ petition has become infructuous due to subsequent events or efflux of time, the Court may dispose of the petition accordingly without delving into the merits of the original challenge.

Key Issues

The primary issue before the Court was whether the writ petition had become infructuous due to the efflux of time and subsequent events. The petitioner argued that the writ petition was rendered infructuous by efflux of time and subsequent events. The respondents' arguments are not recorded in the provided text. The question of law to be decided was whether the writ petition should be dismissed as infructuous based on the petitioner's submission.

AI-generated summary — verify with the full judgment below

[2024:RJ-JP:11233-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 4572/2023 Db Industries, Having Its Address G 142, Mia Alwar 301001 Having Gst Registration No. 08Aanfd5087H1Z1 Through Its Partner Mrs. Prem Lata Jain ----Petitioner Versus

1.

Union Of India, Through The Secretary Ministry Of Finance Department Of Revenue, New Delhi

2.

State Of Rajasthan, Through The Principal Secretary, Ministry Of Finance, Secretariat, Jaipur

3.

Gst Council, Lic Building, Jeevan Bharti, Janpath, Connaught Place, New Delhi Through Its Chairman

4.

Central Board Of Indirect Taxes And Customs, Department Of Revenue, Ministry Of Finance, Government Of India, Having Its Address At North Block, New Delhi Through Its Chairman

5.

Chief Commissioner Of State Tax, Rajasthan, Commercial Taxes Department, Kar Bhawan, Ambedkar Circle, Janpath, Jaipur

6.

Assistant Commissioner Of State Tax, Rajasthan, Enforcement Branch-Iii, Commercial Taxes Department, Kar Bhawan, Ambedkar Circle, Janpath, Jaipur ----Respondents For Petitioner(s) : Mr. Siddharth Ranka with Ms. Apeksha Bapna For Respondent(s) : Mr. Ajay Shukla Mr. Punit Singhvi HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE BHUWAN GOYAL Order 05/03/2024 Learned counsel for the petitioner would submit that the writ petition has been rendered infructuous by efflux of time and subsequent events.

[2024:RJ-JP:11233-DB] (2 of 2) [CW-4572/2023] Accordingly, the writ petition is disposed of as having rendered infructuous. (BHUWAN GOYAL),J (MANINDRA MOHAN SHRIVASTAVA),CJ N.Gandhi/Anu /115

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.