Disposed

Rahul Gupta v. State Tax Officer, State Tax Department

Rajasthan HC24 Jan 2025CW/20409/2019

Case brief

AI extract

What is this about?

Writ petition against dismissal of first appeal challenging a Rajasthan GST assessment order; grievance that the GST Tribunal is not constituted. Court disposed of petition on terms of an earlier order: deposit per Section 112(8) with liberty to appeal within three months of Tribunal constitution.

What did the court decide?

Petition disposed of in terms of earlier order dated 15.02.2024; petitioner to deposit amount under Section 112(8) within two months, recovery stayed pending appeal within three months of Tribunal con

Rahul Gupta Vs State Tax Officer, State Tax Department — GST and Indirect Tax | Rajasthan HC (2025)

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[2025:RJ-JP:3649-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 20409/2019

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Rahul Gupta, Aged About 29 Years, Proprietor M/s R K Traders, Agrasen Kapda Market, Behind Higher Secondary School, Hindon City, Karauli.

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----Petitioner

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Versus

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State Tax Officer, State Tax Department, Ward-I, Anti-EvasionCircle, Krishna Nagar, Bharatpur, Rajasthan.

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----Respondent

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For Petitioner(s) : Mr.Sarvesh Jain, Adv. For Respondent(s) : None present.

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HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MRS. JUSTICE SHUBHA MEHTA

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Order

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24/01/2025

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This writ petition is filed aggrieved of dismissal of first Appeal challenging the assessment order passed under the Rajasthan Goods and Services Tax Act.

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One of the grievance raised is that the Tribunal is not functional inspite of the implementation of the GST in 2017.

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Learned counsel relies upon order dated 15.02.2024 passed by this Court while disposing of D.B. Civil Writ Petition No.1113/2024 with the following directions:-

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“1. Though the matter comes up for admission today, with the consent of the parties, the petition is being disposed of finally.

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At the outset, learned counsel for the respondents has submitted that at present the Tribunal has not been constituted and the process towards constitution of the Tribunal is going on, therefore, in these circumstances, the

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[2025:RJ-JP:3649-DB]

[CW-20409/2019]

petition may not be kept pending but with appropriate protection available under Section 112(8) of the Rajasthan Goods and Services Tax, 2017 (for short ‘the Act’), this petition may be disposed off with liberty to the petitioner to file appeal within stipulated period from the date the Tribunal is constituted. In support of his submission, he places reliance upon a circular dated 23.03.2020 issued by Government of Rajasthan Finance Department (Tax Division).

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Learned counsel for the petitioner agrees to the disposal of the petition on the aforesaid condition.

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Accordingly, this petition, at this stage, is disposed off with a direction that in case petitioner makes payment as per provisions contained in Sub-section (8) of Section 112 of the Act, further proceedings shall not be drawn for recovery of the balance amount, provided that the petitioner avails statutory remedy of appeal within a period of three months from the date of the constitution of the Tribunal.”

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The petition is disposed of in the same terms. Let the petitioner deposit the amount as per the provision of Section 112(8) of the Act within two months from today.

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The petition is disposed of accordingly.

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(SHUBHA MEHTA), J

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(AVNEESH JHINGAN), J

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Himanshu Soni/30

Rahul Gupta v. State Tax Officer, State Tax Department

Case brief

What is this about?

What did the court decide?

Rahul Gupta v. State Tax Officer, State Tax Department

Case brief

What is this about?

What did the court decide?

What the court decided

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