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Supreme Court - Daily Orders

Commercial Tax Officer vs Rashi Peripherals Pvt. Ltd. on 4 January, 2024

Author: Abhay S. Oka

Bench: Abhay S. Oka

     ITEM NO.7            +61+62+63+64            COURT NO.7               SECTION XV

                              S U P R E M E C O U R T O F      I N D I A
                                      RECORD OF PROCEEDINGS

     SPECIAL LEAVE PETITION (CIVIL) Diary No. 48290/2023
     (Arising out of impugned final judgment and order dated 30-05-2023
     in SBSTRR No. 75/2018 30-05-2023 in SBSTRR No. 76/2018 30-05-2023
     in SBSTRR No. 77/2018 30-05-2023 in SBSTRR No. 78/2018 30-05-2023
     in SBSTRR No. 79/2018 30-05-2023 in SBSTRR No. 80/2018 passed by
     the High Court of Judicature for Rajasthan at Jaipur)

     COMMERCIAL TAX OFFICER                                         Petitioner(s)

                                                VERSUS

     RASHI PERIPHERALS PVT. LTD.                                    Respondent(s)

     (IA No.267488/2023-CONDONATION OF DELAY IN FILING and IA
     No.267489/2023-EXEMPTION FROM FILING O.T. )

     Dy NO. 52778/2023 (item no. 61)
     (IA No.268089/2023-CONDONATION OF DELAY IN FILING and IA
     No.268092/2023-EXEMPTION FROM FILING O.T. )

     Dy. No.52786/2023 (Item No. 62)
     (FOR ADMISSION and I.R. and IA No.458/2024-CONDONATION OF DELAY IN
     FILING and IA No.459/2024-EXEMPTION FROM FILING O.T. )

     Dy. No.52798/2023 (Item No. 63)
     FOR ADMISSION and I.R. and IA No.268586/2023-CONDONATION OF DELAY
     IN FILING and IA No.268589/2023-EXEMPTION FROM FILING O.T. )

     WITH
     Dy. No. 52783/2023
     (FOR ADMISSION and I.R. and IA No.268590/2023-CONDONATION OF DELAY
     IN FILING and IA No.268591/2023-EXEMPTION FROM FILING O.T.)

     Dy. No. 52801/2023 (Item No. 64)
     (FOR ADMISSION and I.R. and IA No.115/2024-CONDONATION OF DELAY IN
     FILING and IA No.116/2024-EXEMPTION FROM FILING O.T. )

     Date : 04-01-2024 These petitions were called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE ABHAY S. OKA
                         HON'BLE MR. JUSTICE UJJAL BHUYAN
Signature Not Verified


     For Petitioner(s)
Digitally signed by
Rajni Mukhi
Date: 2024.01.09
                                  Mr. Milind Kumar, AOR
17:48:12 IST
Reason:                           Mr. Vishal Meghwal, Adv.
                                  Ms. Yashika Bum, Adv.


                                                 1
                                                            Diary No. 48290/2023




                        Dr. Manish Singhvi, Sr. Adv.
                        Ms. Shubhangi Agarwal, Adv.
                        Mr. Apurv Singhvi, Adv.
                        Mr. Milind Kumar, AOR

For Respondent(s)

            UPON hearing the counsel the Court made the following
                               O R D E R

Delay condoned.

Having heard learned senior counsel for the petitioner, we concur with the view taken by the High Court that CAT-5/CAT-6 cables will fall in the Category of “Computer System and peripherals” which is specified in the Entry No. 3 right from its inception. Hence, no case for interference is made out in exercise of our jurisdiction under Article 136 of the Constitution of India.

The Special Leave Petitions are dismissed. Pending application(s) also stand disposed of.

(RAJNI MUKHI)                                           (AVGV RAMU)
COURT MASTER (SH)                                     COURT MASTER (NSH)




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