Devaraddi Agro Enterprises vs. The Assistant Commissioner

WA/100344/2024HC KarnatakaGSTCNR KAHC02011523202414 November 2024Bench: H.T.NARENDRA PRASAD,VENKATESH NAIK T3 pages
AI SummaryWithdrawn

Held

The Court took the memo filed by the learned counsel for the appellant, seeking leave to withdraw the appeal, on record. Consequently, the appeal was dismissed as withdrawn. No findings were made on the merits of the case or any specific GST provisions. The operative direction was solely to dismiss the appeal as withdrawn based on the appellant's request.

Facts

The appellant, Devaraddi Agro Enterprises, represented by its proprietor, filed a writ appeal before the Karnataka High Court, Dharwad Bench. The appeal was against an order dated 07.06.2024 passed by a learned Single Judge of the High Court in WP No. 105885/2023. The respondents included the Assistant Commissioner of Commercial Taxes, the State of Karnataka, the Government of India, the GST Council, and the Principal Chief Commissioner of Central Tax. The appellant sought to set aside the Single Judge's order and allow the writ appeal with consequential reliefs.

Key Issues

1. Whether the appellant is entitled to have the order dated 07.06.2024 passed by the learned Single Judge in WP No. 105885/2023 set aside. The appellant, through its counsel, sought leave of the Court to withdraw the appeal. No specific arguments from either side regarding the merits of the case or the underlying GST provisions were recorded in the judgment. The judgment solely reflects the appellant's request to withdraw the appeal.

AI-generated summary — verify with the full judgment below

- 1 -

NC: 2024:KHC-D:16675-DB IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF NOVEMBER, 2024 PRESENT THE HON'BLE MR JUSTICE H.T.NARENDRA PRASAD AND THE HON'BLE MR JUSTICE VENKATESH NAIK T

WRIT APPEAL NO. 100344 OF 2024 (T-RES)

BETWEEN:

DEVARADDI AGRO ENTERPRISES REP. BY ITS PROP., SHRI.M.H. DEVARADDI, AGE. 44 YEARS, OCC. BUSINESS, BILAGI CROSS, BILAGI-587116, GSTIN.29ARWOD2864LIZ0. …APPELLANT (BY SRI. H.R.KAMBIYAVAR, ADVOCATE)

AND:

1.

THE ASSISTANT COMMISSIONER OF COMMERCIAL TAXES LGSTO-420, SECTOR NO.7, VANIJYA TERIGE BHAVAN, NAVANAGAR, BAGALKOT-587101. 2. THE STATE OF KARNATAKA REP. BY THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, GOVERNMENT OF KARNATAKA, BENGALURU-560001. 3. GOVERNMENT OF INDIA, THROUGH ITS SECRETARY, (REVENUE) MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, COURT OF KARNATAKA DHARWAD BENCH Date: 2024.11.16 11:10:44 +0530 NC: 2024:KHC-D:16675-DB NORTH BLOCK, NEW-DELHI-110001. 4. THE GST COUNCIL THROUGH ITS CHAIRP

The judgment continues below.

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