Ms Eveready Industries Inida Limited Through Its Csa Manager Manoj Kumar Sonthalia vs. Comercial Taxes

WPC/7335/2013HC JharkhandGSTCNR JHHC01030190201301 July 2017Bench: HON'BLE THE ACTING CHIEF JUSTICE,HON'BLE MR. JUSTICE RATNAKER BHENGRA1 pages
AI SummaryRemanded

Facts

Three writ petitions were filed before the Jharkhand High Court. The petitioners were M/s Mount Shivalik Industries Ltd., M/s R. D. Sales Agency., and M/s. Eveready Industries India Limited. The respondents were the State of Jharkhand and the Secretary Cum Commissioner, Commercial Taxes Department, Government of Jharkhand. The petitions were filed challenging certain orders or actions by the revenue authorities, though the specific details of the orders, tax periods, and amounts in dispute are not recorded in the provided text. The procedural history leading to these writ petitions is also not detailed.

Held

The Court held that the writ petitions had become infructuous. This decision was based solely on the submission made by the counsel for the petitioners. The counsel stated that due to the Central Goods and Services Tax Act, 2017, coming into force on July 1, 2017, the matters had become infructuous. The Court accepted this submission without further deliberation or analysis of the specific provisions of the new Act or how they impacted the original grounds of the petitions. The ratio decidendi is that a matter can be disposed of as infructuous if all parties agree or if a significant legislative change renders the dispute moot. No specific operative directions were issued beyond disposing of the petitions.

Key Issues

The primary issue before the Court was whether the writ petitions had become infructuous. The petitioners argued that the enactment and enforcement of the Central Goods and Services Tax Act, 2017, effective from July 1, 2017, rendered their pending matters obsolete. The State's arguments, if any, are not recorded in the judgment. The Court had to decide if the new GST regime fundamentally altered the legal landscape such that the existing grievances in the writ petitions were no longer relevant or actionable.

AI-generated summary — verify with the full judgment below

Heard together (3 matters)

W.P.(T) No.7167 of 2013
W.P.(T) No.7171 of 2013
W.P.(T) No.7335 of 2013

Read from the judgment's own cause title. This page is filed under one of them.

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(T) No.7167 of 2013 M/s Mount Shivalik Industries Ltd., having its Head Office at 14 Miles Stone, Delhi-Jaipur Highway, Behror, P.O. & P.S. - Behror, District – Alwar-301701 (Rajasthan) through its Area Sales Manager Vikas Chaudhary, son of Dr. Sushil Kumar Chaudhary, resident of Manda Colony, Harihar Singh Road, PO- Ranchi University, PS- Bariatu, District – Ranchi … … … … … … Petitioner WITH W.P.(T) No.7171 of 2013 M/s R. D. Sales Agency., having its Office at Tangra Toli, Itki Road, PO- Hehal, PS- Sukhdeonagar, District – Ranchi through its proprietor Rama Dhin Singh … … … … … … Petitioner WITH W.P.(T) No.7335 of 2013 M/s. Eveready industries India Limited, having its branch office at RS Plot No.1144, Khata-58, Holding No.1647, P.O. & P.S. - Kokar, Distirct – Ranchi, through its CSA Manager Manoj Kumar Sonthalia … … … … … … Petitioner Versus

1.

The State of Jharkhand

2.

The Secretary Cum Commissioner, Commercial Taxes Department, Government of Jharkhand, Ranchi … … ... … ... ... Respondents in all cases ------ CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE RATNAKER BHENGRA ----- For the Petition

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