Mukul Borah vs. Union Of INDIA And 5 Ors.
Original PDF →Facts
The petitioner, Mukul Borah, filed a writ petition before the Gauhati High Court. The respondents included various authorities from the Central Goods and Services Tax (CGST) and State Goods and Services Tax (SGST) departments, including the Union of India, Principal Commissioners, Assistant Commissioners, and the Deputy Director of the Directorate General of Goods and Service Tax Intelligence. The specific tax period, the order or action under challenge, the authority that passed it, and the amount in dispute are not recorded in the provided text. The procedural history is limited to the filing of the writ petition.
Held
The Court allowed the petitioner's prayer to withdraw the writ petition. The reasoning provided is that the petitioner sought to withdraw due to inadvertent errors and requested permission to refile the petition. The Court accepted this request. The operative direction is that the matter stands dismissed on withdrawal with liberty to the petitioner to file it again. No issues were expressly left undecided, as the petition was withdrawn before substantive arguments on merits.
Key Issues
1. Whether the petitioner should be granted leave to withdraw the writ petition due to inadvertent errors, with liberty to refile the same? Petitioner's Contention: The petitioner, through their counsel, sought to withdraw the petition, citing inadvertent errors and expressing a desire to file it again. The petitioner requested leave to do so. Revenue/State's Contention: The learned Standing Counsel for CGST and SGST were present. The judgment does not record any specific arguments or objections raised by the revenue or state authorities regarding the withdrawal of the petition.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORDER Date : 03.05.2024
Mr. R. S. Mishra, learned counsel for the petitioner, seeks to withdraw the petition as there are some inadvertent errors and seeks leave to file again. Mr. S. C. Keyal, learned Standing counsel CGST and Mr. B. Chowdhury, learned Standing Counsel, for SGST are present. Prayer is allowed. Accordingly, the matter stands dismissed on withdrawal with liberty, as prayed for. JUDGE Comparing Assistant
Reproduced from the public record of the Gauhati High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.