Tk Elevators INDIA Private LTD. vs. State Of Rajasthan

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CW/16262/2024HC RajasthanGSTCNR RJHC02087288202424 October 2024Bench: MANINDRA MOHAN SHRIVASTAVA,ASHUTOSH KUMAR3 pages
AI SummaryRemanded

Facts

The petitioner, TK Elevators India Private Ltd., challenged an order passed by an adjudicating authority under the GST regime. The petitioner contended that the adjudicating authority's order was non-speaking and failed to address all issues raised in its reply. Specifically, the petitioner argued that the applicable GST rate for its activities should be 12%, while the adjudicator determined the liability at 18%. The petitioner approached the High Court, despite an alternative remedy of appeal, on the grounds that the order was fundamentally flawed. The respondents are the State of Rajasthan and the Union of India.

Held

The Court held that the adjudicating authority's order could not be characterized as non-speaking or as failing to decide anything. While acknowledging that the petitioner might have merits in its submission that the order was wrong or illegal, the Court found that this alone was insufficient to entertain the writ petition, especially when an efficacious alternative statutory remedy of appeal was available. The Court noted that the case did not involve absence of jurisdiction, violation of principles of natural justice, or malice. Therefore, the Court was not inclined to interfere solely on the ground that the order might be incorrect. However, considering that the petition was filed before the expiry of the limitation period for filing an appeal, the Court directed that if the petitioner files an appeal within 90 days from the date of the order, the appellate authority shall decide the appeal on its merits without considering the issue of limitation. The Court expressed no opinion on the merits of the GST rate dispute.

Key Issues

1. Whether the order passed by the adjudicating authority is non-speaking and fails to decide all issues raised by the petitioner, thereby warranting interference by the High Court under its writ jurisdiction? Petitioner's arguments: The petitioner argued that the adjudicating authority's order was non-speaking and did not address the crucial issue of the applicable GST rate. The petitioner asserted that based on its activities, the correct GST rate should be 12%, not 18% as determined by the adjudicator. They contended that the order was therefore wrong and illegal. While acknowledging the existence of an alternative remedy of appeal, the petitioner approached the High Court due to the perceived fundamental flaw in the adjudicating authority's order, arguing it did not decide anything. Revenue's arguments: The judgment does not record any specific arguments made by the respondents.

Sections Cited

None explicitly mentioned

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
[2024:RJ-JP:44888-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D. B. Civil Writ Petition No. 16262/2024 TK Elevators India Private Ltd., 3Rd Floor, Plot No. 18, RV Tower, Beed Khatipura, Queens Road, Nityanand Nagar -A, Jaipur, Rajasthan-302 021 Through Its Power of Attorney Holder, Shri Sandeep Mathur. ----Petitioner Versus 1. State of Rajasthan, Through Deputy Commissioner, State Tax, Jaipur Rajasthan. 2. Union of India, Through Its Finance Secretary, North Block, New Delhi ----Respondents For Petitioner : Ms. Kavita Jha Senior Advocate through Video Conferencing. Mr. Shammi Kapoor Advocate through Video Conferencing. Mr. Hem Chand Kumawat Advocate. Mr. Sandeep Gupta Advocate. For Respondents : Mr. Sandeep Taneja Additional Advocate General with Mr. Nishant Sarraf Advocate. Mr. Ajay Shukla Advocate with Mr. Raghav Sharma Advocate. HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order 24/10/2024

1.

Heard.

2.

The order passed by the adjudicating authority has been challenged mainly on the ground that the order of the adjudicating authority does not address all the issues which were raised by the petitioner in its reply.

[2024:RJ-JP:44888-DB] (2 of 3) [CW-16262/2024]

3.

Learned Senior Counsel appearing on behalf of the petitioner would submit that the petitioner placed several material and notifications before the adjudicating authority to canvass that as per law, the rate of GST applicable in the case of the petitioner, in view of the nature of activities undertaken and carried by it, would be only 12% whereas the adjudicator has come to a conclusion that the liability of the petitioner is towards payment of GST @ 18% which is apparently wrong and illegal. Learned Senior Counsel would submit that though there exists alternative remedy of filing appeal, the petitioner has approached this Court as the order passed by the adjudicating authority is non-speaking and does not decide anything.

4.

We have gone through the detailed order which has been passed by the adjudicating authority wherein provisions of law have also been reproduced.

5.

What should be the extent or length of logic and reasoning, is not decisive as to whether writ petition should be entertained or the party should be driven to exhaust the alternative remedy available under the law. We are satisfied that the order passed by the adjudicating authority cannot be said to be of a nature that it does not speak anything or does not decide anything. Even if there may be some merits in the submissions of learned Senior Counsel appearing on behalf of the petitioner that order is wrong and illegal, that by itself, without anything more, would not impress this Court to entertain this petition despite existence of alternate and efficacious statutory remedy of appeal provided under the governing law.

[2024:RJ-JP:44888-DB] (3 of 3) [CW-16262/2024] Present being not a case of absence of juri iction, violation of principles of natural justice or malice, we are not inclined to interfere with the order passed by the adjudicating authority only on that ground, though without expressing any opinion on merits.

6.

Taking into consideration that the petition was filed before expiry of period of limitation for filing appeal, it is directed that if the petitioner prefers appeal within a period of 90 days from today, the appellate authority shall examine and decide the appeal on its own merits without going into the issue of limitation.

7.

Writ petition is, accordingly, disposed off. (ASHUTOSH KUMAR),J (MANINDRA MOHAN SHRIVASTAVA),CJ Manoj Narwani-RAHUL/69

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.