Royal Multisport Private Limited vs. Union Of INDIA

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CW/17688/2024HC RajasthanGSTCNR RJHC02098101202408 January 2025Bench: MANINDRA MOHAN SHRIVASTAVA,UMA SHANKER VYAS2 pages
AI SummaryRemanded

Facts

The petitioner, Royal Multisport Private Limited, filed a single writ petition before the Rajasthan High Court challenging two separate show-cause notices. These notices pertained to different tax periods and were based on distinct causes of action. The respondents included the Union of India, the State of Rajasthan through its tax authorities, and the Commissioner of State Tax, Maharashtra. The petitioner's counsel, Mr. Rohan Shah, informed the Court that the writ petition had been filed incorrectly by clubbing disparate issues. Consequently, the petitioner sought permission to withdraw the current writ petition to file separate petitions addressing each show-cause notice individually.

Held

The Court acknowledged the petitioner's submission that the writ petition had been filed incorrectly by challenging two different show-cause notices concerning distinct periods and causes of action. The petitioner's counsel requested to withdraw the writ petition with the liberty to file separate petitions for each notice. The Court accepted this request and accordingly dismissed the writ petition as withdrawn, granting the petitioner the liberty to file separate petitions as prayed for. No specific findings were made on the merits of the show-cause notices themselves, as the petition was withdrawn on procedural grounds. The Court did not address any substantive GST provisions or amounts in dispute.

Key Issues

1. Whether a single writ petition can be maintained to challenge multiple show-cause notices issued for different tax periods and arising from different causes of action, thereby violating principles of procedural propriety and efficient judicial administration? Petitioner's Contention: The petitioner argued that the current writ petition was filed erroneously by clubbing distinct show-cause notices with different periods and causes of action. Therefore, to ensure proper adjudication and procedural correctness, the petitioner sought liberty to withdraw the present petition and file separate petitions for each notice. Revenue/State's Contention: The judgment does not record any specific argument from the respondents regarding the maintainability of the single writ petition. The respondents were represented, but their contentions on this specific issue are not detailed in the provided text.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
[2025:RJ-JP:1059-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 17688/2024 Royal Multisport Private Limited, Having Its Address At Fulcrum, B Wing, 103 104, Hiranandani Business Park, Sahar Airport Road, Andheri East, Mumbai 400099 Through Its Authorized Signatory Ms. Harvinder Sahni ----Petitioner Versus 1. Union Of India, Through the Secretary, Ministry Of Finance, Department Of Revenue, New Delhi 110 001 2. State Of Rajasthan, Through Chief Commissioner Of State Tax, Commercial Taxes Department, Kar Bhawan, Ambedkar Circle, Janpath, Jaipur - 302 005 3. Joint Commissioner (State Tax), Anti Evasion - Rajasthan, Commercial Taxes Department, Kar Bhawan, Ambedkar Circle, Jaipur - 302 005 4. Commissioner Of State Tax, Maharashtra, Gst Bhavan, Balwant Singh Dhodi Marg, Mazgaon, Mumbai - 400010 ----Respondents For Petitioner(s) : Mr. Rohan Shah, Sr. Adv., through VC assisted by Ms. Apeksha Bapna & Ms. Satvika Jha For Respondent(s) : Mr. Sandeep Taneja, AAG with Ms. Kinjal Surana Mr. Sandeep Pathak HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE UMA SHANKER VYAS

Order 08/01/2025

1.

As this petition has been filed seeking to challenge two different show-cause notices in respect of different periods and cause of action being different, learned counsel for the petitioner

[2025:RJ-JP:1059-DB] (2 of 2) [CW-17688/2024] seeks to withdraw the writ petition with liberty to file separate petitions.

2.

The writ petition is accordingly dismissed as withdrawn with liberty as prayed for. (UMA SHANKER VYAS),J (MANINDRA MOHAN SHRIVASTAVA),CJ N.Gandhi/Gaurav/41

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.