Disposed

Leeladhar Meghwal v. the Asst. Commissioner State Commercial Taxes

Rajasthan HC3 Mar 2021CW/2672/2021

Case brief

AI extract

What is this about?

The Rajasthan High Court ordered the release of a vehicle and goods held under tax proceedings conditional upon the petitioner furnishing a bank guarantee of Rs.70,92,629/- within 15 days, leaving merits and statute-bar issues to the appellate court.

What did the court decide?

Petitioner to deposit a bank guarantee of Rs.70,92,629/- within 15 days; respondent authority to release vehicle and goods immediately thereafter.

Leeladhar Meghwal Vs the Asst. Commissioner State… — Banking and Recovery | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 2672/2021

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Leeladhar Meghwal S/o Shri Logar Ji Meghwal, Aged About 26 Years, R/o Khedi Bijnol, Nathdwara, Dist. Rajsamand (Raj.).

¶4

Bhanwar Singh S/o Shri Mod Singh, Aged About 43 Years, R/o Khedi Bijnol, Nathdwara, Dist. Rajsamand (Raj.).

¶5

----Petitioners

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Versus

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The Asst. Commissioner State Commercial Taxes, Ward - I, AntiEvasion, Abu Road, Dist. Sirohi (Raj.).

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----Respondent

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Connected With

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S.B. Civil Writ Petition No. 2574/2021

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M/s. Manohar Lal And Sons, 8-A, Sukhadia Nagar , Nathdwara , Distt. Rajsamand (Raj.) Through Authorized Signatory Mr. Vimal Bhatia S/o Shri Manoharlal Bhatia , Aged About 43 Years

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----Petitioner

¶13

Versus

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The Asst. Commissioner, State Commercial Taxes, Ward- I, AntiEvasion , Abu Road, Distt. Sirohi (Raj.)

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----Respondent

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For Petitioner(s)	: Mr. Sanjeev Johari with Mr. Lalit Parihar
For Respondent(s)	: Mr. Hemant Dutt

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HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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03/03/2021

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In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

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(2 of 2)

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[CW-2672/2021]

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Learned counsel for the petitioners submits that the order impugned has already been challenged by them by filing appeal provided under the statute.

¶24

Learned counsel for the petitioners thereafter, limits his prayer to the point that since the appellate court does not have power to release the vehicle and goods in question, the same may be ordered to be released.

¶25

Since the matter is not been heard on merits, learned counsel for the respondents fairly submits that if the amount in question Rs.70,92,629/- is secured, appropriate release may be considered.

¶26

This Court, after hearing learned counsel for the parties, without entering into the merits of the case and while leaving the same to the appellate jurisdiction, directs the petitioner (Leeladhar Meghwal) to submit a bank guarantee of Rs.70,92,629/- before the respondent authority within a period of 15 days from today, immediately whereafter, the respondent authority shall be required to release the vehicle bearing registration No.RJ30 GA 3473 with goods. The respondent authority shall be free to impose any other condition strictly in accordance with law. The respondent authority shall release the vehicle as soon as the bank guarantee, as mentioned above, is furnished.

¶27

In light of the aforesaid observations, the present petitions are disposed of. Stay petition also stands disposed of accordingly.

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(DR.PUSHPENDRA SINGH BHATI),J

¶29

22-23 Zeeshan

Leeladhar Meghwal v. the Asst. Commissioner State Commercial Taxes

Case brief

What is this about?

What did the court decide?

Leeladhar Meghwal v. the Asst. Commissioner State Commercial Taxes

Case brief

What is this about?

What did the court decide?

What the court decided

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