M/S Shri Ganapati Ores And Ispat PVT. LTD. vs. State Of Odisha

WP(C)/21454/2021HC OrissaGSTCNR ODHC01046582202124 August 2021Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE B. P. ROUTRAY1 pages
AI SummaryDismissed

Facts

The petitioner, M/s. Shri Ganapati Ores & Ispat Pvt. Ltd., filed a writ petition before the High Court of Orissa at Cuttack. The Opposite Parties included the State of Odisha and others. The specific tax period and the order or action under challenge, as well as the authority that passed it, are not detailed in the provided judgment. The amount in dispute is also not mentioned. The procedural history relevant to the core dispute is not recorded.

Held

The Court held that the petitioner's request to withdraw the writ petition with liberty to file a better petition should be granted. The Court took the memo filed by the petitioner on record. Consequently, the writ petition was dismissed as withdrawn, with the liberty granted to the petitioner as prayed for. The reasoning behind this decision is solely based on the petitioner's request for withdrawal and the Court's acquiescence to that request. No other issues were decided, and no specific provisions of law were interpreted or applied to the merits of any underlying GST dispute.

Key Issues

The Court had to decide whether to grant the petitioner's request to withdraw the writ petition. The petitioner argued for withdrawal with liberty to file a better petition. The revenue or State's arguments are not recorded in the judgment. The core legal questions or factual disputes that led to the filing of the writ petition are not elaborated upon, and therefore, no specific provision of the GST Act or Rules is identified as being central to the Court's decision in this instance.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.21454 of 2021 M/s.Shri Ganapati Ores & Ispat Pvt. Ltd. …. Petitioner Mr. P.K. Harichandan, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. P.K. Muduli, A.G.A. Mr. S. Mishra, A.S.C. (CT&GST) CORAM: THE CHIEF JUSTICE JUSTICE B. P. ROUTRAY

ORDER 24.08.2021 Order No.

03.

1. Counsel for the Petitioner seeks leave to withdraw the writ petition with liberty to file a better petition. The memo filed by the Petitioner be taken on record.

2.

Accordingly, the writ petition is dismissed as withdrawn with liberty as prayed for.

(Dr. S. Muralidhar) Chief Justice

( B.P. Routray) Judge

B.K. Barik

The judgment continues below.

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