Gopala Enterprises Raipur vs. Commissioner Of State CT And GST Banijyakar Bhawan

WP(C)/29489/2020HC OrissaGSTCNR ODHC01063933202030 July 2021Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE B. P. ROUTRAY2 pages
AI SummaryRemanded

Facts

The petitioner, Gopala Enterprises, filed a writ petition before the High Court of Orissa at Cuttack. The petition was against the Commissioner of State CT and GST, Cuttack, and other opposite parties. The specific tax period(s) and the order or action under challenge, as well as the authority that passed it, are not detailed in the provided text. The amount in dispute is also not mentioned. The procedural history leading to this High Court filing is not elaborated upon, other than the fact that the writ petition was filed.

Held

The Court allowed the petitioner's request to withdraw the writ petition. The Court granted the petitioner liberty to avail the statutory remedies available in accordance with law. The Court also noted that any explanation offered by the petitioner for delay in filing applications due to the pendency of the present petition would be considered by the authority in accordance with law. No substantive legal principles were established or applied, as the matter was disposed of on procedural grounds. No issues were expressly left undecided.

Key Issues

The Court did not have to decide any specific legal questions. The primary issue was the petitioner's request to withdraw the writ petition. The petitioner's counsel sought leave to withdraw the writ petition with liberty to avail statutory remedies. The revenue or State's arguments are not recorded in the judgment. No specific provisions of the CGST/SGST Act or Rules were discussed in relation to a substantive legal dispute.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Page 1 of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.29489 of 2020 Gopala Enterprises …. Petitioner Mr. Damodar Pati, Advocate -versus- Commissioner of State CT and GST, Cuttack and others …. Opp. Parties Mr. Sunil Mishra, ASC CORAM: THE CHIEF JUSTICE JUSTICE B.P. ROUTRAY Order No.

ORDER

30.07.

2021

02.

1. This matter is taken up through video conferencing mode.

2.

Learned counsel for the Petitioner seeks leave to withdraw the writ petition with liberty to avail the statutory remedies available in accordance with law.

3.

The writ petition is disposed of as withdrawn with the liberty as prayed for.

4.

Any explanation offered by the Petitioner for the delay in filing the application on account of the pendency of the present petition, will be taken into account by the authority in accordance with law.

5.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s

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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.