Ram Kumar Soni S/O Shri Manohar Lal Soni vs. Central Board Of Indirect Taxes And Customs

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CW/188/2024HC RajasthanGSTCNR RJHC02000248202419 February 2024Bench: AVNEESH JHINGAN,SHUBHA MEHTA1 pages
AI SummaryDismissed

Facts

The petitioner, Ram Kumar Soni, proprietor of M/s. M.b. And Sons Jewellers, filed a writ petition before the High Court of Judicature for Rajasthan, Bench at Jaipur. The respondents included the Central Board of Indirect Taxes and Customs, the Additional Director General of Goods and Service Tax Intelligence, the Union of India, and the State of Rajasthan. The specific tax period(s) and the order or action under challenge, as well as the authority that passed it, are not detailed in the provided text. The amount in dispute is also not mentioned. The procedural history leading to the filing of the writ petition is not elaborated upon.

Held

The Court considered the request made by the learned counsel for the petitioner to withdraw the writ petition. The Court granted this permission. Consequently, the Court ordered the dismissal of the petition as withdrawn. The reasoning behind granting the withdrawal is implicit in the Court's order, which is to allow parties to withdraw their cases when they no longer wish to prosecute them. The ratio decidendi is that a petitioner has the right to withdraw their case, and upon such withdrawal, the petition is dismissed. No specific issues regarding GST law were decided, and no operative directions beyond the dismissal were issued. The judgment does not leave any issue undecided.

Key Issues

The primary issue before the Court was whether the writ petition filed by the petitioner should be allowed to proceed. The petitioner's counsel sought permission to withdraw the petition. The Court had to decide whether to grant this permission and what consequential order to pass. The petitioner's argument, as indicated by the request to withdraw, was that they no longer wished to pursue the case. The respondents' arguments are not recorded in the judgment. No specific provisions of the GST Act or Rules were explicitly discussed in relation to the withdrawal request.

AI-generated summary — verify with the full judgment below

[2024:RJ-JP:8348-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 188/2024 Ram Kumar Soni S/o Shri Manohar Lal Soni, Aged About 62 Years, Sole Proprietor Of M/s. M.b. And Sons Jewellers Having Its Address Dujod Gate, Sikar 332001 Having Gst Registration No. 08Acyps9606F1Zr ----Petitioner Versus

1.

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.

2.

Additional Director General, Directorate General Of Goods And Service Tax Intelligence, Jaipur Zonal Office, Jaipur Having Its Address At C-62, Sarojini Marg, C-Scheme, Jaipur.

3.

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

4.

State Of Rajasthan, Through The Principal Secretary, Ministry Of Finance, Secretariat, Jaipur. ----Respondents For Petitioner(s) : Mr.Rohan Chatter For Respondent(s) : Mr.Sandeep Pathak with Ms.Vartika Mehra Mr.Kinshuk Jain HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MRS. JUSTICE SHUBHA MEHTA Order 19/02/2024 Learned counsel for the petitioner seeks permission to withdraw the petition. The petition is dismissed as withdrawn. (SHUBHA MEHTA),J (AVNEESH JHINGAN),J Monika/Daksh/23

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.