M/S Dulal Chandra Mech And Co. vs. The Union Of INDIA And 4 Ors.

WP(C)/2555/2024HC GauhatiGSTCNR GAHC01009683202428 May 2024Bench: HONOURABLE MR. JUSTICE SOUMITRA SAIKIA2 pages
AI SummaryDismissed

Facts

The petitioner, M/s Dulal Chandra Mech and Co., represented by its sole proprietor Mr. Dulal Chandra Mech, filed a writ petition before the Gauhati High Court. The respondents included the Union of India, the Assistant Commissioner of Central Tax, Tinsukia, the Deputy Commissioner, and two Superintendents. The specific tax period and the order or action under challenge are not detailed in the provided text. The amount in dispute is also not mentioned. The procedural history leading to this High Court appearance is not elaborated upon.

Held

The Court noted the request made by the petitioner's counsel, Ms. M. Bhattacharjee, to dismiss the matter as not pressed. Consequently, the Court ordered the writ petition to be dismissed on this basis. No specific legal provisions were discussed or interpreted, and the reasoning was solely based on the petitioner's withdrawal. The ratio decidendi is that a writ petition can be dismissed if the petitioner explicitly requests it not to be pressed. No other issues were decided, and no operative directions were issued beyond the dismissal.

Key Issues

The Court had to decide whether to proceed with the writ petition. The petitioner, through their counsel Ms. M. Bhattacharjee, requested the matter be dismissed as not pressed. The revenue or State's arguments are not recorded in the provided text. The core issue was the petitioner's intention to withdraw the case from judicial consideration.

AI-generated summary — verify with the full judgment below

Page No.# 1/2 GAHC010096832024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2555/2024 M/S DULAL CHANDRA MECH AND CO. REPRESENTED BY ITS SOLE PROPRIETOR MR. DULAL CHANDRA MECH, AGED 56 YEARS, SON OF LATE LOKESWAR MECH, RESIDENT OF ITABHATA, DIGBOI, P.O.- DIGBOI, PIN- 786171, DISTRICT- TINSUKIA (ASSAM). VERSUS THE UNION OF INDIA AND 4 ORS. REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, GOVT. OF INDIA, NEW DELHI- 110001. 2:THE ASSISTANT COMMISSIONER OF CENTRAL TAX CENTRAL GST DIVISION TINSUKIA DURGABARI RANGAGORA ROAD

TINSUKIA PIN- 786125 ASSAM. 3:THE DEPUTY COMMISSIONER OFFICE OF THE ASSISTANT COMMISSIONER OF CENTRAL TAX CENTRAL GST DIVISION TINSUKIA

Page No.# 2/2

DURGABARI RANGAGORA ROAD

TINSUKIA PIN- 786125

ASSAM. 4:THE SUPERINTENDENT (A/E) OFFICE OF THE ASSISTANT COMMISSIONER

ANTI EVASION UNIT CENTRAL GST DIVISION

TINSUKIA ASSAM. 5:THE SUPERINTENDENT CENTRAL GOODS AND SERVICE TAX DIVISION DIGBOI RANGE Advocate for the Petitioner : MS. M BHATTACHARJEE Advocate for the Respondent : DY.S.G.I.

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