Ranjan Kumar Das vs. The Assistant Commissioner CGST And Central Excise

WP(C)/26676/2021HC OrissaGSTCNR ODHC01057569202128 September 2021Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE B. P. ROUTRAY1 pages
AI SummaryWithdrawn

Held

The Court held that the petitioner's request to withdraw the writ petition with liberty to file a better petition in accordance with law should be granted. Consequently, the writ petition was dismissed as withdrawn. The operative direction was to allow the withdrawal with the liberty as prayed for by the petitioner. No specific provisions of the GST Act or Rules were discussed in relation to the substantive merits of any tax dispute, as the matter was disposed of on a procedural point.

Facts

The petitioner, Sri Ranjan Kumar Das, filed a writ petition before the High Court of Orissa at Cuttack. The petition was directed against the Assistant Commissioner, CGST and Central Excise, Similipada, Angul, and others. The specific tax period and the order or action under challenge 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.

Key Issues

The primary issue before the Court was whether the petitioner should be granted leave to withdraw the writ petition. The petitioner's counsel sought permission to withdraw the petition with liberty to file a better petition in accordance with law. The Court had to decide whether to grant this request. The petitioner argued for withdrawal to rectify deficiencies in the current petition and refile it appropriately. The revenue or State's stance on this request is not recorded in the judgment.

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.26676 of 2021 Sri Ranjan Kumar Das …. Petitioner Mr. Ramakanta Pradhan, Advocate -versus- The Assistant Commissioner, CGST and Central Excise, Similipada, Angul and others …. Opp. Parties Mr. R.S. Chimanka, Sr. Standing Counsel CORAM: THE CHIEF JUSTICE JUSTICE B.P. ROUTRAY Order No.

ORDER

28.09.

2021

01.1.

Learned counsel for the Petitioner seeks leave to withdraw the writ petition with liberty to file a better petition in accordance with law.

2.

The writ petition is dismissed as withdrawn with the liberty as prayed for.

(Dr. S. Muralidhar) Chief Justice

(B.P. Routray) Judge KC Bisoi

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.