Sitevi Infraprojects Private Limited vs. Union Of INDIA

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CW/10815/2024HC RajasthanGSTCNR RJHC02055450202425 November 2024Bench: MANINDRA MOHAN SHRIVASTAVA,UMA SHANKER VYAS2 pages
AI SummaryRemanded

Facts

The petitioner, Sitevi Infraprojects Private Limited, filed a writ petition before the High Court of Judicature for Rajasthan, Bench at Jaipur. The respondents included the Union of India, various authorities from the Directorate General of GST Intelligence, and the State of Rajasthan and its Commercial Taxes Department. The specific tax period(s), the order or action under challenge, the authority that passed it, and the amount in dispute are not recorded in the provided judgment excerpt. The procedural history leading to this writ petition is also not detailed.

Held

The Court held that the writ petition could be withdrawn. The reasoning was based solely on the petitioner's request. The Court granted the petitioner's prayer to withdraw the petition with liberty to file a fresh one. No specific provisions of the GST Act or Rules were discussed in relation to the merits of the case, as the matter was decided on the procedural aspect of withdrawal. The Court did not delve into any substantive GST issues.

Key Issues

The Court had to decide whether to allow the petitioner's request to withdraw the writ petition. The petitioner argued for withdrawal with liberty to file a fresh petition. The respondents' arguments, if any, are not recorded in the judgment. The core issue was the petitioner's request for a procedural concession to withdraw the case and refile it later.

AI-generated summary — verify with the full judgment below

[2024:RJ-JP:48007-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 10815/2024 Sitevi Infraprojects Private Limited, Having Its Registered Office At Plot No. 225, Gate No. 5 Rajat Garh Colony, Bundi, Rajasthan - 323001 Through Its Authorised Representative Mr. Kuldeep Singh Sainani ----Petitioner Versus

1.

Union Of India, Through The Secretary, Department Of Revenue, Ministry Of Finance, North Block, New Delhi- 110001. 2. Additional Director General, Directorate General Of Gst Intelligence, Gurugram Zonal Unit, Plot No. 44, Sector- 32, Gurugram-122001. 3. Deputy Director, Directorate General Of Gst Intelligence, Rohtak Regional Unit, 224, Subhash Nagar, Rohtak, Haryana-124001. 4. State Of Rajasthan, Through The Finance Secretary, Finance Department, 1St Floor, Main Building, Government Secretariat, Janpath, Jaipur-302005. 5. Commissioner, Commercial Taxes Department, Kar Bhawan, Ambdekar Circle, Japiur, Rajasthan-302005. 6. Deputy Commissioner, State Tax, Commercial Tax Department, Ward-Cto/ac, Circle-Bundi (Raj.), Near Bus Stand, Near Ekkhambhekichhatri, Bundi-323001. ----Respondents For Petitioner(s) : Mr. Amit Malani For Respondent(s) : Mr. Kinshuk Jain through VC with Mr. Saurabh Jain Mr. Sandeep Taneja, AAG assisted by Mr. Aditya Sharma Mr. Angad Haksar HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE UMA SHANKER VYAS

[2024:RJ-JP:48007-DB] (2 of 2) [CW-10815/2024] Order 25/11/2024

1.

Learned counsel for the petitioner seeks to withdraw the instant writ petition with liberty to file fresh one.

2.

The petition is, accordingly, dismissed as withdrawn with liberty as prayed for. (UMA SHANKER VYAS),J (MANINDRA MOHAN SHRIVASTAVA),CJ Kamlesh Kumar-RAHUL/209/S

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.