M/S Pradeep Soni vs. State Of Rajasthan

CW/15112/2023HC RajasthanGSTCNR RJHC01070667202327 September 2023Bench: PUSHPENDRA SINGH BHATI2 pages

AI SummaryRemanded

Facts

The petitioner, M/s Pradeep Soni, sought to quash a letter dated 12.09.2023 issued by the respondents and to be allowed to complete road construction under tender NIT No. 53/09 (2022-23) with increased market rates for material, GST, and labour. The petitioner stated that material for the construction had already been purchased and was lying on-site. The respondents are the State of Rajasthan and officials of the Urban Improvement Trust, Udaipur. The specific tax period and amount in dispute are not explicitly stated.

Held

The Court disposed of the writ petition with a direction to the respondents to decide the petitioner's appeal by passing a speaking order within 15 days from the date of filing the appeal. This decision is to be made in accordance with circular dated 23.10.2017 and strictly in accordance with law. The petitioner retains the liberty to approach the Court again if necessary. The Court did not directly address the legality of the impugned letter or the claim for increased rates, instead opting for a procedural resolution by directing the appeal to be decided. The specific provisions of GST law under which the appeal would be decided are not detailed.

Key Issues

1. Whether the impugned letter dated 12.09.2023 issued by the Respondent is illegal and liable to be quashed and set aside? 2. Whether the Petitioner should be permitted to complete the construction of roads under the awarded tender with increased market rates for material, GST, and labour? The petitioner argued that they had already purchased material for the construction and it was lying on-site, implying a need to accommodate increased costs. The respondents' arguments are not recorded in the judgment.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

[2023:RJ-JD:31859] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15112/2023 M/s Pradeep Soni, Through Its Sole Proprietor Pradeep Soni S/o Shri Subhash Chandra Soni, B/c Jain Age About 55 Years, Resident Of 26, Anuvrat Nagar, Hiran Magri Sector 4, Udaipur (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Its Secretary, Department Of Urban Development And Housing, Government Of Rajasthan, Jaipur. 2. The Secretary, Urban Improvement Trust, Saheli Marg, Udaipur. 3. The Executive Engineer, Urban Improvement Trust, Saheli Marg, Udaipur. ----Respondents For Petitioner(s) : Mr. SP Sharma. For Respondent(s) : Mr. Vijay Purohit. HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order 27/09/2023

The present writ petition has been preferred claiming the following reliefs:- “I. The impugned letter dated 12.09.2023 (Annex.8) issued by the Respondent may kindly be declared illegal and the same may be quashed and set aside; and II. By a further appropriate writ order or direction, the respondents may be directed to allow the Petitioner to complete the construction of roads in RCA Campus A Block at Udaipur under the award of tender bearing serial NIT N

The judgment continues below.

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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.