M/S STERLING AND WILSON PRIVATE LIMITED v. UNION OF INDIA
CW/8142/2021 · 2025-02-17
Avneesh Jhingan, Pramil Kumar Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20256 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20256 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:6921-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 8142/2021 M/s Sterling And Wilson Private Limited, Plot No. 1 Opp. Vidhya Ashram School, Jln Link Road, Near Jaipur Dairy, Jaipur, Rajasthan 302017 Through Its Authorized Representative. ----Petitioner Versus
1. Union Of India, Through Its Secretary, Goods And Service Council, North Block, New Delhi 110001
2. State Of Rajasthan, Through Its Secretary, Commercial Taxes Department, Kar Bhawan, Bhawani Singh Road, Jaipur 302005
3. Joint Commissioner Of State Tax, Commercial Taxes Department, Kar Bhawan, Bhawani Singh Road, Jaipur 302005 ----Respondents For Petitioner(s) : Mr.R.B. Mathur, Sr. Adv. with Mr.Nikhil Simlote, Adv., Mr.Falak Mathur, Adv. Mr.Yug Singh, Adv. Mr.Manish Bhodiwal, Adv. For Respondent(s) : Mr.Sandeep Taneja, AAG with Mr.Kartikeya Sharma, Adv. Mr.C.S. Sinha, Adv. with Mr.Mayank Kamwar, Adv.
HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 17/02/2025
1. The matter comes up on an application for early disposal of the case. Since the main case is fixed today the application is dismissed.
2. Learned senior counsel for the petitioner, on instruction from his client who is present in Court as identified by counsel, is not pressing this petition with liberty to avail remedy of appeal.
[2025:RJ-JP:6921-DB] (2 of 2) [CW-8142/2021] Further request is made that during pendency of the petition more than 10% of the tax demand has already been recovered by the department.
3. The writ petition is disposed of as not pressed with liberty as prayed for.
4. Taking into consideration that the petition is pending since 2021, in the eventuality of the petitioner filing an appeal within four weeks from today the same shall be considered to be filed within limitation.
5. The petitioner shall be at liberty to file an application before the appellate authority claiming that the pre-requisite of 10% of tax has already been complied with.
(PRAMIL KUMAR MATHUR), J (AVNEESH JHINGAN), J Himanshu Soni/69