M/S Navinchandra Kalyanji And Co. vs. The Commissioner Of Central Excise And GST

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WP/26084/2022HC KarnatakaGSTCNR KAHC01059468202215 October 2024Bench: M.I.ARUN3 pages
For Petitioner: SRI PRABHAKARAIAH N.V., ADVOCATEFor Respondent: SRI SHISHIRA AMARNATH, ADVOCATE
AI SummaryDismissed

Facts

The petitioners, M/s. Navinchandra Kalyanji and Co., a partnership firm and its partners, filed a writ petition before the Karnataka High Court. They challenged two orders dated 13.07.2022 and one order dated 31.10.2022, all passed by the Commissioner of Central Excise and GST, Mangaluru. The specific details of the tax periods, the nature of the dispute, the amount in dispute, and the procedural history leading to these orders are not explicitly recorded in the provided judgment excerpt. The petitioners sought to quash these impugned orders.

Held

The Court did not delve into the merits of the case or decide on the validity of the impugned orders. Instead, the petitioners' counsel filed a memo dated 18.11.2023, praying to withdraw the petition. The Court took this memo on record and, in light of the withdrawal request, dismissed the petition. No findings were made on any specific legal issues, and no reasoning was provided concerning the GST provisions or the orders under challenge. The operative direction was solely to dismiss the petition as withdrawn.

Key Issues

The primary issue before the Court was whether the impugned orders passed by the Commissioner of Central Excise and GST should be quashed. The petitioners, M/s. Navinchandra Kalyanji and Co. and its partners, sought this relief. The respondent, the Commissioner of Central Excise and GST, would have likely defended the validity of its orders. However, the judgment does not record specific arguments presented by either side regarding the merits of the case or any particular legal provisions that were debated. The core of the matter, as presented in the writ petition, was the challenge to the orders issued by the GST authority.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
- 1 - NC: 2024:KHC:41560 WP No. 26084 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2024 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.26084 OF 2022 (T-RES) BETWEEN: 1. M/S. NAVINCHANDRA KALYANJI AND CO., REPRESENTED BY SRI HANS JITENDRA KHONA (PARTNERSHIP FIRM) BUSINESS IN BETELNUT, PEPPER & CARDAMOM, 539/6B, GROUND FLOOR, KHONA NIVAS, APMC RING ROAD, SIRSI, UTTARAKANNADA-581 402 2. SHRI. HANS JITENDRA KHONA M/S. NIVINCHANDRA KALYANJI AND CO., 539/6B, GROUND FLOOR, KHONA NIVAS, APMC RING ROAD SIRSI, UTTARAKANNADA-581 402. 3. MRS. DEEPTI HANS KHONA M/S. NAVINCHANDRA KALYANJI AND CO., 539/6B, GROUND FLOOR, KHONA NIVAS, APMC RING ROAD SIRSI, UTTARAKANNADA-581 402. 4. MASTER RISHABH KHONA M/S. NAVINCHANDRA KALYANJI AND CO., 539/6B, GROUND FLOOR, KHONA NIVAS, APMC RING ROAD SIRSI, UTTARAKANNADA-581 402. …PETITIONERS (BY SRI PRABHAKARAIAH N.V., ADVOCATE) Digitally signed by CHAITHANYA K Location: High Court of Karnataka - 2 - NC: 2024:KHC:41560 WP No. 26084 of 2022 AND: 1. THE COMMISSIONER OF CENTRAL EXCISE AND GST, REPRESENTED BY THE COMMISSIONER OFFICE OF THE CENTRAL EXCISE AND CENTRAL TAX VII FLOOR, TRADE CENTER BUNTS HOSTEL ROAD, MANGALURU-575 003. …RESPONDENT (BY SRI SHISHIRA AMARNATH, ADVOCATE) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 31.10.2022 PASSED BY THE RESPONDENT PRODUCED AS ANNEXURE-L BEARING DIN NO.20221057YZ000000CE0A AND THE

DATED 13.07.2022 PASSED BY RESPONDENT BEARING DIN NO.20220757YZ000027732F AND DIN NO. 20220757YZ0000 92449A PRODUCED AS ANNEXURES-G1 AND G2, ETC.

THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE M.I.ARUN

ORAL ORDER

1.

Learned counsel for the petitioners has filed a memo dated 18.11.2023 with a prayer to withdraw the petition. NC: 2024:KHC:41560 WP No. 26084 of 2022

2.

Memo is taken on record. The petition is dismissed as withdrawn. (M.I.ARUN) JUDGE

VMB List No.: 1 Sl No.: 13

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.