M/S. Pranab Dutta And Anr. vs. Union Of INDIA And 4 Ors.
Held
The Court accepted the submission made by the learned counsel for the petitioner that the writ petition had become infructuous. Consequently, the Court did not delve into the merits of the original grievance or the legal questions that might have arisen. The operative direction was to dismiss the writ petition. No specific findings were made on any substantive GST provisions or amounts in dispute, as the case was disposed of on a procedural ground. The Court's decision was based solely on the petitioner's counsel's statement that the matter was no longer alive.
Facts
The petitioners, M/s. Pranab Dutta and another, represented by its proprietor Sri Pronab Dutta, filed a writ petition before the Gauhati High Court. The respondents were the Union of India, the Commissioner of Central Goods and Service Tax, Dibrugarh, the Assistant Commissioner of Central Goods and Service Tax, Dibrugarh, the Superintendent (Recovery), and the General Manager (Finance) of ONGC Ltd. The writ petition was filed challenging certain actions or orders by the GST authorities. However, during the pendency of the writ petition, the learned counsel for the petitioner submitted that the petition had become infructuous.
Key Issues
The primary issue before the Court was whether the writ petition, as presented by the petitioners, had become infructuous. The petitioner's counsel argued that the writ petition had become infructuous. The respondents, represented by the learned Standing Counsel, GST, did not present any counter-argument on the merits of the case, as the proceedings were concluded based on the petitioner's submission regarding the infructuous nature of the petition.
AI-generated summary — verify with the full judgment below
Page No.# 1/2 GAHC010096932019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2916/2019 M/S. PRANAB DUTTA AND ANR. HAVING ITS OFFICE AT MOTHIACHIGA NOWHOLIA GAON, P.O. RAJMOW, PIN- 785685, DIST- SIVASAGAR, ASSAM, REP. BY ITS PROPRIETOR SRI PRONAB DUTTA 2: PRANAB DUTTA S/O- DULAL DUTTA R/O- MOTHIACHIGA NOWHOLIA GAON P.O. RAJMOW PIN- 785685 DIST- SIVASAGAR ASSA VERSUS UNION OF INDIA AND 4 ORS. REP. BY THE MINISTRY OF FINANCE, DEPTT. OF REVENUE, NEW DELHI 2:THE COMM. OF CENTRAL GOODS AND SERVICE TAX DIBRUGARH MILAN NAGAR LANE F P.O. C.R. BUILDING DIBRUGARH- 786001 3:THE ASSTT. COMMISSIONER CENTRAL GOODS AND SERVICE TAX DIBRUGARH DIVISION- DIBRUGARH P.O. C.R. BUILDING DIST- DIBRUGARH PIN- 786003 ASSAM 4:THE SUPERINTENDENT (RECOVERY) OFFICE OF THE ASSTT. COMMISSIONER OF CENTRAL GOODS AND SERVICE TAX
Page No.# 2/2 DIBRUGARH DIVISION- DIBRUGARH P.O. C.R. BUILDING DIST- DIBRUGARH PIN- 786003 ASSAM 5:THE GENERAL MANAGER (FINANCE) OIL AND NATURAL GAS CORPORATION LTD. ASSAM ASSET NAZIRA SIVASAGAR ASSAM- 78568 Advocate for the Petitioner : MR. A K GUPTA A
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