M/S Artzeek Innovations PVT.LTD vs. Commssioner, CGST
Held
The Court noted the submission by the petitioner's counsel that the refund had been received. In light of this development, the Court acknowledged that no further action was required in the contempt petition. The Court found that the issue of non-receipt of refund, which formed the basis of the contempt proceedings, had been resolved. Therefore, the Court disposed of the petition as not pressed. The principle derived is that if the grievance leading to a contempt petition is resolved, the petition can be disposed of as not pressed.
Facts
The petitioner, M/s Artzeek Innovations Pvt. Ltd., filed a contempt petition (CONT.CAS(C) 1069/2024) before the Delhi High Court against the Commissioner, CGST. The petitioner's counsel informed the Court that the refund, which was the subject of the original grievance leading to the contempt petition, had been received, albeit belatedly. Consequently, the petitioner submitted that the contempt petition was no longer maintainable and requested its disposal.
Key Issues
1. Whether the contempt petition is maintainable given that the refund has been received by the petitioner. The petitioner argued that since the refund has been received, the purpose of the contempt petition, which was to compel the respondent authority to release the refund, has been fulfilled. Therefore, the petition is no longer pressed. The respondent, Commissioner, CGST, did not present any arguments as the matter was resolved by the petitioner's submission regarding the refund receipt.
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Cause title — parties, addresses and appearances
O R D E R %
2024
Mr. Abhas Mishra, learned counsel for the petitioner submits that the refund has already been received by the petitioner, albeit, belatedly.
In view of the above, nothing further survive in the matter.
Learned counsel for the petitioner, also submits that the present petition may accordingly be disposed of.
The present petition is disposed of as not pressed, in view of the above said refund.
MANOJ JAIN, J DECEMBER 20, 2024/ss
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