Rajasthan High Court - Jodhpur
Fci Aravali Gypsum And Minerals India ... vs State Of Rajasthan on 27 September, 2018
Author: Sandeep Mehta
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ No. 12101/2018
FCI Aravali Gypsum And Minerals India Ltd., (Fagmil), Mangu
Singh Rajvi Marg, Paota, B-Road, Jodhpur, Through Its General
Manager S.s. Shekhawat, S/o Shri Nand Singh Shekhawat, Aged
55 Years, R/o Ashapurna Valley, Jodhpur, Rajasthan
----Petitioner
Versus
1. State Of Rajasthan, Through The Additional Chief
Secretary, Mines And Geology Department, Government
Of Rajasthan, Secretariat, Jaipur. 302 001
2. Secretary, Finance Department, Government Of
Rajasthan, Secretariat, Jaippur. 302 001
3. Director, Mines And Geology Department, Udaipur,
Rajasthan
4. Superintending Mining Engineer, Mines And Geology
Department, Bikaner
5. Mining Engineer, Mines And Geology Department, Sudama
Nagar, Sriganganagar
6. Additional Director, Mines, Jodhpur Zone, Jodhpur,
Rajasthan
----Respondents
For Petitioner(s) : Dr. Nikhil Dungawat.
For Respondent(s) : Mr. Rishabh Tayal.
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order 27/09/2018 The matter today comes for orders on application for early listing of the writ petition. Shri Rishabh Tayal associate to Shri K.L. Thakur, AAG appears for the respondents.
(2 of 3) [CW-12101/2018] The matter is being heard and decided today itself with the consent of the learned counsel for the parties. Thus, the interlocutory application is allosed.
Learned counsel for the petitioner relies upon a judgment dated 28.08.2018 rendered by the coordinate Bench of this Court in a bunch of writ petitions led by S.B. Civil Writ Petition No. 5354/2018 titled as "Ladu Lal Hiran & Ors. Vs. State of Rajasthan &Ors." and urges that the controversy involved herein is identical and thus, the matter may be decided in light of the above judgment.
Shri Rishabh Tayal, associate to Mr. K.L. Thakur, learned Additional Advocate General is not in a position to dispute the fact that the controversy involved in the present writ petition is exactly identical with the one decided by this Court in the above bunch of the writ petitions wherein, this Court held as below:-
"10. It is contended by learned counsel for the respondents that lessee/lease holders will continue to submit and follow the existing procedure for filing of GST Returns, and payment of GST under the reverse charge mechanism is according to the provisions of law. It is further contended that the liabilities of lessee/lease holders will not be affected by the amended notification dated 26.07.2018.
11. Once, the reverse charge itself has not been contested by the respondents and it is an accepted proposition and the same is further supported by the pleadings filed by the respective respondent parties, we do not find any reason to make any further adjudication in the matter.
12. In light of the aforesaid submission and upon such stand of the respondents, the present writ petitions are allowed and the letter dated 08.11.2017 issued by the Finance (Tax) Department, Government of Rajasthan is hereby quashed and set aside. However, if any letter has been issued in pursuance of the letter dated 08.11.2017, the same shall also stand quashed accordingly."
(3 of 3) [CW-12101/2018] Considering the fact that the controversy is ad-idem, the instant writ petition is also allowed in terms of the above judgment. The impugned letter dated 08.11.2017 (Annex.3) issued by the Finance (Tax) Department, Rajasthan Government is quashed and set aside. The respondents shall issue the requisite clarification as follow up to the setting aside of the said letter.
No order as to costs.
(SANDEEP MEHTA),J Tikam/58 Powered by TCPDF (www.tcpdf.org)