Mukul Borah vs. Union Of INDIA And 5 Ors.

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WP(C)/2346/2024HC GauhatiGSTCNR GAHC01008938202402 May 2024Bench: HONOURABLE MR. JUSTICE KALYAN RAI SURANA2 pages
AI SummaryDismissed

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 No issues were expressly left undecided, as the petition was withdrawn before substantive arguments on merits.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
Page No.# 1/2 GAHC010089382024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2346/2024 MUKUL BORAH S/O- LATE BHABANI PRASAD BORAH, R/O- WARD NO. 1, HATIGARH, BOKAJAN, KARBI ANGLONG, ASSAM-785640. VERSUS UNION OF INDIA AND 5 ORS. REP. BY THE SECRETARY OF GOVERNMENT OF INDIA, MINISTRY OF FINANCE, NEW DELHI-1. 2:THE PRINCIPAL COMMISSIONER CENTRAL GOODS AND SERVICES TAX GST BHAWAN KEDAR ROAD MACHKHOWA GUWAHATI-781001. 3:THE ASSISTANT COMMISSIONER CENTRAL GOODS AND SERVICES TAX GST BHAWAN KEDAR ROAD MACHKHOWA GUWAHATI-781001 4:THE DEPUTY DIRECTOR DIRECTOR GENERAL OF GOODS AND SERVICE TAX INTELLIGENCE GUWAHATI ZONAL UNIT GUWAHATI-781037 5:THE PRINCIPAL COMMISSIONER Page No.# 2/2 STATE GOODS AND SERVICES TAX KAR BHAWAN GUWAHATI. 6:THE ASSISTANT COMMISSIONER STATE TAX DIPHU-1 DIPHU- NAGAON ZONE ASSA Advocate for the Petitioner : MR. A K GUPTA Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA

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.