Geeta Oil Traders vs. Union Of INDIA

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CW/4573/2023HC RajasthanGSTCNR RJHC02020335202330 October 2023Bench: MANINDRA MOHAN SHRIVASTAVA,PRAVEER BHATNAGAR2 pages
AI SummaryRemanded

Facts

The petitioners, Geeta Oil Traders and three other companies, filed a civil writ petition before the High Court of 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), and the Chief Commissioner of State Tax, Rajasthan. The specific tax period(s) and the order or action under challenge are not detailed in the provided text. The amount in dispute is also not mentioned. The procedural history is limited to the filing of the writ petition.

Held

The Court held that the civil writ petition had become infructuous. The reasoning provided is solely based on the submission made by the learned counsel for the petitioner that the petition has become infructuous due to the lapse of time. Consequently, the Court disposed of the civil writ petition on this basis. No other issues were decided, and no specific operative directions were issued beyond the disposal of the petition. The ratio decidendi is that a writ petition can be disposed of as infructuous if the petitioner themselves concede to this fact due to the passage of time.

Key Issues

The Court had to decide whether the civil writ petition had become infructuous due to the lapse of time. The petitioner argued that the petition had become infructuous. The respondents' arguments are not recorded in the judgment. No specific provisions of the GST Act or Rules were explicitly discussed in relation to this issue, nor were any specific circulars or precedents cited by either party.

AI-generated summary — verify with the full judgment below

[2023:RJ-JP:31624-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 4573/2023

1.

Geeta Oil Traders, Through Its Proprietor Mr. Radha Kishan Singhal Having Its Address At Spl-D-1, New Grain Mandi, Chandpole, Jaipur Having Its Gst Registration No. 08Agbps3956Q1Zk

2.

Girdhari Trading Company, Through Its Proprietor Mr. Suresh Lalwani Having Its Address At A-2, Nagand Bhawan, Kanwar Nagar, Jaipur Having Its Gst Registration No. 08Acgpl6068D1Zk.

3.

Shreeram Enterprises, Through Its Proprietor Mr. Satya Narayan Gupta Having Its Address At B-108, Rajdhani Krishi Upaj Mandi Kukar Kheda Jaipur Having Its Gst Registration No. 08Aappg4713P1Z7

4.

Banshi Lal Gupta And Company, Through Its Partner Mr. Vinod Kumar Singhal Having Its Address At B-11, Rajdhani Krishi Upaj Mandi, Sikar Road, Jaipur Having Its Gst Registration No. 08Aawfb4738L1Zp ----Petitioners 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 ----Respondents For Petitioner(s) : Mr. Siddharth Ranka

[2023:RJ-JP:31624-DB] (2 of 2) [CW-4573/2023] For Respondent(s) : Mr. Ajay Shukla Mr. Jaivardhan Singh Shekhawat Mr. Ayush Singh for Mr. Punit Singhvi HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 30/10/2023 Learned counsel for the petitioner submits that by lapse of time the civil writ petition itself has been rendered infructuous. The civil writ petition is disposed of as having become infructuous. (PRAVEER BHATNAGAR),J (MANINDRA MOHAN SHRIVASTAVA),J 86- Mohit Kumar

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.