Tapas Purokite vs. Commercial Tax Officer And 3 Ors

WP(C)/979/2020HC GauhatiGSTCNR GAHC01003336202003 December 2024Bench: HONOURABLE MR. JUSTICE KARDAK ETE2 pages
AI SummaryDismissed

Held

The Court held that the writ petition should be dismissed for non-prosecution. This decision was based on the fact that no one appeared for the petitioner when the case was called. The presence of the learned Standing Counsel for the Finance Department, representing the respondents, was noted. The Court did not delve into the merits of the case or any specific legal arguments due to the petitioner's absence. Consequently, no relief was granted to the petitioner, and no specific issue was expressly left undecided beyond the immediate dismissal.

Facts

The petitioner, Tapas Purokite, proprietor of M/s Maa Durga Traders, filed a writ petition before the Gauhati High Court. The respondents included the Commercial Tax Officer, Commissioner of State Tax, Assam, the State of Assam, and the Principal Commissioner of Central GST, Assam. The specific tax period and the order or action under challenge, as well as the amount in dispute, are not recorded in the provided text. The procedural history leading to this hearing is also not detailed.

Key Issues

The primary issue before the Court was whether the writ petition should be dismissed. The Court had to decide on the continuation of the case. The petitioner's arguments are not recorded as no one appeared for them. The respondents, represented by Mr. B. Gogoi, learned Standing Counsel for the Finance Department, were present. The judgment does not explicitly state the legal provisions or precedents that would have been argued had the petitioner appeared.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Page No.# 1/2 GAHC010033362020 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/979/2020 TAPAS PUROKITE PROP OF M/S MAA DURGA TRADERS, HAVING HIS OFFICE AT FANCY BAZAR KEDAR ROAD, NEAR HOTEL RITURAJ, GUWAHATI, KAMRUP (M), ASSAM, PIN- 781009 VERSUS COMMERCIAL TAX OFFICER AND 3 ORS (SUPERINTENDENT OF TAXES), NEW KAR BHAWAN, GUWAHATI UNIT B-8, DISPUR- 781006, ASSAM 2:COMMISSIONER OF STATE TAX ASSAM HAVING HIS OFFICE AT NEW KAR BHAVAN GUWAHATI UNIT B-8 DISPUR- 781006 ASSAM 3:THE STATE OF ASSAM REP. BY THE SECRETARY FINANCE DEPTT ASSAM SECRETARIAT DISPUR- 781006 4:PRINCIPAL COMMISSIONER OF CENTRAL GST ASSAM HAVING ITS OFFICE AT GST BHAWAN KEDAR ROAD MACHKHOWA NEAR AT ROAD (FLY OVER) GUWAHATI- 78100 Advocate for the Petitioner : MR. A KAKATI, Page No.# 2/2 Advocate for the Respondent : SC, TAXES, SC, FINANCE BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

Date : 04-12-2024

None appears for the petitioner on call. Mr. B. Gogoi, learned Standing Counsel for the Finan

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