Disposed¶31

M/S Ramesh and Brothers v. Union of India

Rajasthan HC20 May 2025CW/7543/2025

Case brief

AI extract

What is this about?

CW 7543/2025, Rajasthan High Court Jaipur (DB), decided 20/05/2025; GST Tribunal not constituted/not functional since GST implementation in 2017; petitioner left remediless; protection under Section 112(8) Rajasthan Goods and Services Tax, 2017; pre-deposit within six weeks; appeal within three months of Tribunal constitution deemed within limitation; liberty for early disposal; writ disposed in same terms as order dated 15.02.2024 in D.B. Civil Writ Petition No.1113/2024; impugned order dated 11.11.2024; CGST Sikar.

What did the court decide?

Deposit of the amount as per Section 112(8) of the Rajasthan Goods and Services Tax, 2017 within six weeks; appeal filed within three months from constitution of the Tribunal deemed filed within limitation; liberty to request early disposal of the appeal. ¶31

M/S Ramesh and Brothers Vs Union of India — GST and Indirect Tax | Rajasthan HC (2025)

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[2025:RJ-JP:21315-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 7543/2025

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M/s Ramesh And Brothers, 5, Nyama Gate, Krishna Market, Laxmangarh, Sikar, Rajasthan, 332311 Through Its Proprietor Mr. Ramesh Agarwal S/o Shiv Dayal Agarwal

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----Petitioner

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Versus

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Union Of India, Through Finance Secretary, Ministry Of Finance, Government Of India, New Delhi.

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The State Of Rajasthan, Through Chief Commissioner, State Goods And Service Tax, Kar Bhawan, Ambedkar Circle, Jaipur.

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The Principal Commissioner, Central Goods And Services Tax, Statue Circle, C Scheme, Jaipur.

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The Superintendent, Cgst Range-31, Sector-C, Todi Nagar, Sanwali Road, Sikar.

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----Respondents

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For Petitioner(s) : Mr. Pankaj Ghiya with Ms. Paridhi Jain & Mr. Mayank Vyas For Respondent(s) : Mr. Sumit Teterwal with Mr. Kshitiz Sharma Mr. Kartikeya Sharma for Mr. Sandeep Taneja, AAG

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HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

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Order

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20/05/2025

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The writ petition is filed seeking quashing of impugned order dated 11.11.2024.

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One of the grievance raised is that the petitioner has been left remediless as the Goods and Service Tax Tribunal (for short

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[2025:RJ-JP:21315-DB]

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[CW-7543/2025]

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(2 of 3)

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‘the tribunal’) is not functional till date inspite of implementation of the GST in 2017.

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Learned counsel for the petitioner relies upon the 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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“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 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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3. Learned counsel for the petitioner agrees to the disposal of the petition on the aforesaid condition.

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4. 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

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(3 of 3)

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[2025:RJ-JP:21315-DB]

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[CW-7543/2025]

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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 provisions of Section 112(8) of the Act within six weeks from today.

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Considering that as on date the tribunal is not functional, in the eventuality of the petitioner filing an appeal within three months from the date of constitution of the tribunal, the same shall be considered to have been filed within limitation. Thereafter, the petitioner shall be at liberty to make a request for early disposal of the appeal and the same shall be considered in accordance with law.

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(MUKESH RAJPUROHIT),J

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(AVNEESH JHINGAN),J

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DIKSHA MISHRA /19

M/S Ramesh and Brothers v. Union of India

Case brief

What is this about?

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M/S Ramesh and Brothers v. Union of India

Case brief

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