M/S YASHASVI REALSQUARE PRIVATE LIMITED vs. DEPUTY COMMISSIONER OF INCOME TAX

CW/15051/2023HC Rajasthan09 January 2024Bench: MANINDRA MOHAN SHRIVASTAVA, SHUBHA MEHTA2 pages

AI SummaryAllowed

What did the High Court hold?

The High Court allowed the writ petition, directing the release of the disputed property, which is agricultural land comprising Khasra Nos. 895 and 1054/895 situated at Village-Harwar, Tehsil - Amer, District – Jaipur. The Court reasoned that the issue had been decided by the Supreme Court in Union of India & Another Versus M/s. Ganpati Dealcom Pvt. Ltd., and the respondent could not dispute that this order remained operative. The release of the property was made subject to the final order that may be passed by the Hon'ble Supreme Court in the pending review petition. The ratio decidendi is that a High Court should follow an operative Supreme Court judgment even if a review petition is pending, unless the Supreme Court has stayed its own order or granted specific relief pending the review.

What were the facts?

The petitioner, M/s Yashasvi Realsquare Private Limited, filed a writ petition challenging an action by the Deputy Commissioner of Income Tax (Benami Prohibition), Rajasthan, Jaipur. The petitioner argued that the issue in question was decided by the Supreme Court in Union of India & Another Versus M/s. Ganpati Dealcom Pvt. Ltd. The respondent conceded that the Supreme Court had decided the issue but stated that a review petition was pending. However, the respondent could not dispute that the Supreme Court's order in the cited case remained operative. The property in dispute is agricultural land comprising Khasra Nos. 895 and 1054/895 in Village Harwar, Tehsil Amer, District Jaipur.

What were the issues?

1. Whether the present writ petition should be allowed in light of the Supreme Court's decision in Union of India & Another Versus M/s. Ganpati Dealcom Pvt. Ltd. (AIR 2022 SC 4558)? (Question of law) Assessee's Contention: The petitioner contended that the issue raised in the petition has been definitively decided by the Hon'ble Supreme Court in the case of Union of India & Another Versus M/s. Ganpati Dealcom Pvt. Ltd., and therefore, the petition should be allowed. Revenue's Contention: The respondent submitted that while the Hon'ble Supreme Court had decided the issue in the cited case, a review petition against that order was pending before the Hon'ble Supreme Court. However, the respondent could not dispute that the Supreme Court's order remained operative.

AI-generated summary — verify with the full judgment below

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 15051/2023 M/s Yashasvi Realsquare Private Limited, Having Its Registered Office At - 203, Ganpati Plaza, M.I. Road Jaipur RJ 302001 In Through Its Director - Mohan Lashkari. ----Petitioner Versus Deputy Commissioner Of Income Tax, (Benami Prohibition), Rajasthan, Jaipur, Room No. 335, NCR Building, Statue Circle, C-Scheme, Jaipur, Rajasthan ----Respondent For Petitioner(s) : Mr. Javed Khan Advocate. For Respondent(s) : Mr. Siddharth Bapna Advocate. HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MRS. JUSTICE SHUBHA MEHTA Order 09/01/2024 1. Heard. 2. Learned counsel for the petitioner submits that the issue raised in this petition has been decided by the Hon’ble Supreme Court in the case of Union of India & Another Versus M/s. Ganpati Dealcom Pvt. Ltd., AIR 2022 SC 4558. 3. Learned counsel for the respondent, however, would submit that though the Hon’ble Supreme Court has decided the issue in the aforesaid case, review petition has been filed which is pending consideration before the Hon’ble Supreme Court. 4. Learned counsel for the respondent, however, could not dispute that the order passed by the Hon’ble Supreme Court in Union of India & Another Versus Ganpati Dealcom Pvt. Ltd. (Supra) remains operative and has not been decided so far. (Uploaded on 12/01/2024 at 10:54:35 AM) (Downloaded on 30/10/2026 at 10:26:07 AM)

(2 of 2) [CW-15051/2023] 5. In view of the above, this petition also deserves to be allowed and accordingly, the property in dispute being agricultural land comprising in Khasra Nos.895 and 1054/895 situated at Village- Harwar, Tehsil - Amer, District – Jaipur deserves to be released. Let necessary steps be taken to release the disputed property. 6. It is, however, made clear that the release will be subject to the final order that may ultimately be passed by the Hon’ble Supreme Court in the pending review petition. 7. Writ petition, is accordingly, allowed. (SHUBHA MEHTA),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ SANJAY KUMAWAT-36 Powered by TCPDF (www.tcpdf.org) (Uploaded on 12/01/2024 at 10:54:35 AM) (Downloaded on 30/10/2026 at 10:26:07 AM)

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