M/S Divya Upchar Sansthan vs Directorate Gen. Of Goods And ...
2022 Latest Caselaw 8130 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 8526/2022

1. M/s Divya Upchar Sansthan, Through Its Partner Manish Grover Having Principal Place Of Business At Sco-15, Kalgidhar Enclave, Baltana, Shimla Highway, Zirakpur, Punjab-1406033

2. Manish Grover S/o Late Ramesh Grover, Aged About 51 Years, Partner In M/s Divya Upchar Sansthan Having Principal Of Business At Sco-15, Kalgidhar Enclave, Baltana, Shimal Highway, Zirakpur, Punjab-1406033

3. Smt. Bhawna Grover W/o Manish Grover, Aged About 47 Years, Partner In M/s Divya Upchar Sansthan Having Principal Place Of Business At Sco-15, Kalgidhar Enclave, Baltana, Shimla Highway, Zirakpur, Punjab-1406033

----Petitioners Versus

1. Directorate Gen. Of Goods And Service Tax Intelligence, Chandigarh Zonal Unit, Central Revenue Building, Sector

-17C, Chandigarh -160017

2. Director General (Adjudication), Directorate General Of Goods And Service Tax Intelligence, West Block-Viii, Wing No.6, 2Nd Floor, R.k.puram, New Delhi - 110066

3. Additional Director General (Adjudication), Directorate Of General Of Goods And Service Tax Intelligence, Third Floor, Ntc House-15, N.m. Road, Ballard Estate, Mumbai - 400001

4. Central Board Of Indirect Taxes And Custom, Through Its Chairman, Department Of Revenue, North Block, New Delhi-110001

5. Commissioner, Central Goods And Service Tax, G-105, New Industrial Area Basni, Near Diesel Shed, Jodhpur

6. Union Of India, Through The Secretary Ministry Of Finance (Revenue Department), North Block, New Delhi

7. M/s Gagan Pharmaceuticals, Through Its Partner Brijesh Sharma Having Principal Place Of Business At 3-B, Riico, Industrial Estate, Near Police Line, Agro Food Park, Riico, Sriganganagar - Rajasthan 335002

----Respondents

(2 of 3) [CW-8526/2022]

For Petitioner(s) : Mr. Sanjeet Purohit, assisted by Mr. Falgun Buch

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

09/06/2022

Heard learned counsel for the petitioners.

Learned counsel for the petitioners submits that in the

identical set of facts, the proceedings against respondent No. 7

M/s. Gagan Pharmaceuticals are pending consideration before

respondent No. 5 at Jodhpur whereas the proceedings arising out

of the same set of the facts against the petitioners are pending

before respondent No. 1 at Chandigarh. The counsel further

submits that in the similar set of facts, the Delhi High Court vide

its judgment dated 08.05.2019 had quashed the notices issued in

the similar circumstances.

The matter requires consideration.

Issue notice, returnable on 12.07.2022.

Mr. S.K. Poonia, advocate appearing on behalf of Mr.

Rajvendra Sarswat accepts the notices on behalf of respondent

No. 1 & 5.

Issue notice to respondent Nos. 2, 3, 4, 6 & 7.

The counsel for the petitioners is directed to supply two sets

of memo of writ petition to learned counsel for the respondent No.

1 & 5 within a period of three days.

In the meanwhile and till the next date of hearing, final

adjudication proceedings pursuant to show cause notice dated

(3 of 3) [CW-8526/2022]

28.09.2020 (Annex. 3) may continue. However, the same shall not

be finalized without leave of this court.

Put up on 12.07.2022.

Connect with D.B. Civil Writ Petition No. 7593/2021.

(KULDEEP MATHUR),J (VINIT KUMAR MATHUR),J 3-AnilSingh/Nitin/-

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