M/S Rahul Agro Industires vs. The Assistant Commissioner

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WA/100378/2024HC KarnatakaGSTCNR KAHC02013331202408 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, M/s. Rahul Agro Industries, represented by its partner, filed a writ appeal before the Karnataka High Court, Dharwad Bench. The appeal was against an order on an interlocutory application (IA No. 1/2024 dated 07.06.2024) and a previous order dated 11.12.2023, both passed by a learned Single Judge of the High Court in Writ Petition No. 102552/2023. 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 appeal was filed under Section 4 of the Karnataka High Court Act, 1961.

Held

The Court did not decide the substantive issues of the writ petition or the interlocutory application. Instead, the learned counsel for the appellant filed a memo seeking leave to withdraw the appeal. The memo was taken on record, and consequently, the writ appeal was dismissed as withdrawn. No findings were made on the merits of the case, and no specific legal principles were established or applied in relation to GST provisions. The operative direction was solely to dismiss the appeal as withdrawn.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 orders and obtain consequential relief. However, the judgment does not record specific legal questions or detailed arguments from either side regarding the merits of the original writ petition or the interlocutory application. The proceedings before the High Court appear to have concluded based on a subsequent development.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
- 1 - NC: 2024:KHC-D:16360-DB WA No. 100378 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. 100378 OF 2024 (T-RES) BETWEEN: M/S. RAHUL AGRO INDUSTIRES, REP. BY ITS PARTNER, SHRI. RAHUL M. JADHAV, AGE. 32 YEARS, R/O. RAHUL AGRO INDUSTRIES, NEAR BUS STAND, JAMMKHANDI-587301, GSTIN. 29AANFR3244C1Z6. …APPELLANT (BY SRI. H. R. KAMBIYAVAR, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER, OF COMMERCIAL TAXES, LGSTO-430, GIRISH NAGAR, JAMKHANDI-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:16360-DB WA No. 100378 of 2024 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. 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. 11.12.2023 PASSED BY THE LD. SINGLE JUDGE OF THIS HON’BLE COURT IN WP NO. 102552/2023 (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:

CORAM: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T NC: 2024:KHC-D:16360-DB WA No. 100378 of 2024

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.: 11

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.