M/S Shiv Shakti Transport vs. Union Of INDIA And 3 Ors

WP(C)/1753/2023HC GauhatiGSTCNR GAHC01006597202321 September 2023Bench: HONOURABLE MR. JUSTICE SUMAN SHYAM2 pages
AI SummaryWithdrawn

Held

The Court noted that the writ petitioner's counsel submitted that the grievance of his client had been redressed during the pendency of the writ petition. Consequently, the petitioner's counsel had instructions to withdraw the writ petition. The counsel for the respondents did not oppose this prayer. In light of the petitioner's submission and the lack of opposition from the respondents, the Court held that the writ petition could be disposed of on withdrawal. No decision was made on the merits of the original grievance. The operative direction was to dispose of the writ petition as withdrawn.

Facts

The petitioner, M/s Shiv Shakti Transport, a partnership firm, filed a writ petition before the Gauhati High Court. The respondents were the Union of India and various authorities of the Central Goods and Service Tax department. The writ petition was filed challenging an unspecified order or action by the GST authorities. The specific tax period and the amount in dispute are not recorded in the judgment. The procedural history leading to the filing of the writ petition is not detailed.

Key Issues

1. Whether the grievance of the writ petitioner has been redressed during the pendency of the writ petition, thereby making the petition infructuous? The petitioner, through its counsel, argued that its grievance has been redressed during the pendency of the writ petition. The petitioner's counsel indicated that they had instructions to withdraw the writ petition. The respondents, represented by their counsel, did not oppose the prayer for withdrawal. No specific legal provisions or precedents were cited by either party in the brief proceedings recorded.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Page No.# 1/2 GAHC010065972023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1753/2023 M/S SHIV SHAKTI TRANSPORT A PARTNERSHIP FIRM HAVING ITS REGD. OFFICE AT DURGA NAGAR, WARD NO. 13, NORTH BONGAIGAON, P.O., P.S. AND DIST.- BONGAIGAON ASSAM, 783380, REP. BY ITS PARTNER SRI BHIM BHADUR KARKI VERSUS UNION OF INDIA AND 3 ORS REP. BY THE SECRETARY TO THE GOVT. OF INDIA, DEPTT. OF FINANCE 2:THE PRINCIPAL COMMISSIONER OF CENTRAL GOODS AND SERVICE TAX GST BHAWAN KEDAR ROAD GHY-01 ASSAM 3:THE ASSISTANT COMMISSIONER CENTRAL GOODS AND SERVICE TAX DHUBRI ZONE ASSAM 4:THE SUPERINTENDENT CENTRAL GOODS AND SERVICE TAX BONGAIGAON-I DHUBRI ZONE ASSA Advocate for the Petitioner : MR. A K GUPTA Advocate for the Respondent : DY.S.G.I. Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

Date : 22-09-2023

Mr. R.S. Misra, learned counsel for the writ petitioner submits that during the pendency of this writ petition, the grievance of his client has been redressed and therefore,

The judgment continues below.

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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.