M/S Hiremath Paints vs. The Assistant Commissioner

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WA/100336/2024HC KarnatakaGSTCNR KAHC02011498202408 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 & R4
AI SummaryDismissed

Facts

The appellant, M/s. Hiremath Paints, Hardware and Electrical, represented by its proprietor Basavraj R. Hiremath, filed a writ appeal before the Karnataka High Court, Dharwad Bench. The appeal was filed under Section 4 of the Karnataka High Court Act, 1961, challenging an order dated April 22, 2024, passed by a learned Single Judge of the High Court in Writ Petition No. 108041/2023. The respondents included the Assistant Commissioner of Commercial Taxes (Enforcement), the State of Karnataka, the Government of India, and the GST Council. The appellant sought to set aside the Single Judge's order and obtain consequential relief.

Held

The Court noted that the learned counsel for the appellant had filed a memo seeking leave to withdraw the appeal. The memo dated November 4, 2024, was taken on record. Consequently, the Court dismissed the writ appeal as withdrawn. No findings were made on the merits of the case, as the appeal was withdrawn by the appellant. The operative direction was the dismissal of the appeal. No specific issues were decided by the Court.

Key Issues

The primary issue before the Court was whether the impugned order dated April 22, 2024, passed by the learned Single Judge in Writ Petition No. 108041/2023 was liable to be set aside. The appellant sought to have this order annulled and to obtain consequential relief. The judgment does not explicitly frame specific questions of law or detail the arguments presented by each side. However, the appellant's prayer indicates a challenge to the Single Judge's decision. The respondents' contentions are not recorded in the judgment.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
- 1 - NC: 2024:KHC-D:16352-DB WA No. 100336 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. 100336 OF 2024 (T-RES) BETWEEN: M/S. HIREMATH PAINTS, HARDWRE AND ELECTRICAL, REP. BY PROP. BASAVRAJ R. HIREMATH, S. NO. 3625, MISKIN BUILDING, WARD NO. 6, KUSTAGI BADAMI ROAD, HANAMASAGAR-583281, AGED ABOUT 49 YERS, GSTIN.29AHVPH2803C1ZE. …APPELLANT (BY SRI. H. R. KAMBIYAVAR, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER OF COMMMERCIAL TAXES, (ENFORCEMENT), RANA PRATHAP SINGH CIRCLE, JULIE NAGAR, GANGAVATHI-583117. Digitally signed by JAGADISH T R Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2024:KHC-D:16352-DB WA No. 100336 of 2024 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, NORTH BLOCK, NEW -DELHI-110001. 4. THE GST COUNCIL, THROUGH ITS CHAIRPERSON, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI-110001 …RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA FOR R1 & R2; SRI. SHIVARAJ BALLOLLI, ADV. FOR R3 & R4) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH

DATED. 22.04.2024 PASSED BY THE LD. SINGLE JUDGE OF THIS HON’BLE COURT IN WP NO. 108041/2023 (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:16352-DB WA No. 100336 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.: 3

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.