Rajesab Moulasab Santi vs. The Assistant Commissioner

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WA/100339/2024HC KarnatakaGSTCNR KAHC02011527202408 November 2024Bench: H.T.NARENDRA PRASAD,VENKATESH NAIK T3 pages
For Respondent: SRI. PRAVEEN K. UPPAR, AGA FOR R1 & R2; SRI. SHIVARAJ BALLOLLI, ADV. FOR R3 TO R5
AI SummaryDismissed

Facts

The appellant, Rajesab Moulashab Santi, a contractor, filed a writ appeal before the Karnataka High Court, Dharwad Bench, challenging an order on an interlocutory application and a previous order passed by a learned Single Judge in a writ petition. 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 impugned orders and allow the writ appeal with consequential reliefs.

Held

The Court did not delve into the merits of the case or decide the issues raised. Instead, the learned counsel for the appellant filed a memo seeking leave to withdraw the appeal. The Court took the memo on record and, consequently, dismissed the writ appeal as withdrawn. No findings were made on the substantive legal questions that might have been presented. The operative direction was solely to dismiss the appeal as withdrawn.

Key Issues

The primary issue before the Court was whether the appellant's writ appeal should be allowed. The appellant sought to set aside the impugned order on IA No. 1/2024 dated 07-06-2024 and the order dated 17-11-2023 passed by the learned Single Judge in WP No. 102887/2022. The appellant's contention, as indicated by the prayer in the writ appeal, was that the previous orders were erroneous and that consequential reliefs should be granted. The respondents' arguments were not recorded in the provided text, as the appeal was withdrawn before substantive arguments could be made.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
- 1 - NC: 2024:KHC-D:16355-DB WA No. 100339 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH 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. 100339 OF 2024 (T-RES) BETWEEN: RAJESAB MOULASAB SANTI, AGE.52 YEARS, OCC.CONTRACTOR, R/O. 01, PENDARI GALLI, BANAHAULLI-587131, JAMKHANDI, DIST. BAGALKOT, GSTIN 29AXGPS40000H1Z1. …APPELLANT (BY SRI. H. R. KAMBIYAVAR, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER OF COMMERCIAL TAXES, LGSTO-430, GIRISH NAGAR, JAMAKHANDI-587301. 2. THE STATE OF KARNATAKA, REP. BY THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, GOVERNMENT OF KARNATAKA, BENGALURU-560001. Digitally signed by JAGADISH T R Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2024:KHC-D:16355-DB WA No. 100339 of 2024 3. GOVERNMENT OF INDIA, THROUGH ITS SECRETARY, (REVENUE), MINISTERY OF FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI-110001. 4. THE GST COUNCIL, THROUGH ITS CHAIRPERSON, MINISTERY OF FINANCE, NORTH BLOCK, NEW DELHI-110001. 5. THE PRINCIPAL CHIEF COMMISSIONER OF CENTRAL TAX NO.1, QUEENS ROAD, VASANTH NAGAR, BENGALURU-560001. …RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA FOR R1 & R2; SRI. SHIVARAJ BALLOLLI, ADV. FOR R3 TO R5) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH

ON IA NO. 1/2024 DATED. 07-06-2024 AND ORDER DATED. 17-11-2023 PASSED BY THE LD. SINGLE JUDGE OF THIS HON’BLE COURT IN WP NO. 102887/2022 (T-RES) AND ALLOW THE ABOVE NUMBERED WRIT APPEAL WITH CONSEQUENTIAL RELIEF(S) AS PRAYED FOR IN THE WRIT PETITION.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: NC: 2024:KHC-D:16355-DB WA No. 100339 of 2024

CORAM: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T

ORAL ORDER (PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)

Learned counsel for the appellant has filed a memo seeking leave of this Court to withdraw the appeal.

Memo dated 04.11.2024 is taken on record. The above writ appeal is dismissed as withdrawn. (H.T.NARENDRA PRASAD) JUDGE (VENKATESH NAIK T) JUDGE

SMM/ct-an List No.: 3 Sl No.: 6

Reproduced from the public record of the Karnataka High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.