Gopal Samanta vs. Union Of INDIA And Ors.
Original PDF →Facts
The petitioner, Gopal Samanta, filed a writ petition before the High Court challenging an order or action by the revenue authorities. The specific tax period and the amount in dispute are not recorded in the judgment. The procedural history leading to the writ petition is also not detailed. The petitioner, through his counsel, informed the Court of his intention to withdraw the writ petition.
Held
The Court granted the petitioner's request to withdraw the writ petition. The petitioner's counsel submitted a letter to the Court indicating the intention to withdraw. The Court noted that the petitioner did not wish to proceed with the application. Consequently, the writ petition was dismissed as withdrawn. Any interim order that might have been in place was also vacated. The Court directed parties to act on the server copy of the order.
Key Issues
1. Whether the petitioner is entitled to withdraw the writ petition to avail the benefit of Section 16(5) of the CGST/WBGST Act, 2017, as notified by Notification No. 22/2024 dated 08.10.2024 and West Bengal Notification No. 45-L dated 10.01.2025? The petitioner argued that they wished to withdraw the writ petition to avail the benefits provided under the specified notifications and Section 16(5) of the CGST/WBGST Act, 2017. The revenue or state did not record any specific arguments against the withdrawal.
Sections Cited
Section 16(5)
AI-generated summary — verify with the full judgment below
3 SM 12.02.2025
WPA 14262 of 2024
Gopal Samanta Vs. The Union of India & Ors.
Mr. Himangshu Kumar Ray Mr. Subhasis Podder … for the petitioner
Mr. A. Roy Md. T. M. Siddiqui Mr. T. Chakraborty Ms. S. Shaw Mr. S. Sanyal … for the state
Mr. Bhaskar Prosad Banerjee Mr. Tapan Bhanja … for the CGST Authority
Learned Counsel appearing for the petitioner submits that the petitioner wishes to withdraw this writ petition being WPA 14262 of 2024 for availing benefit of Section 16(5) of the CGST/WBGST Act, 2017 and notified vide Notification No.22/2024 dated 08.10.2024 and West Bengal Notification No.45-L dated 10.01.2025. Leave is granted. A letter issued by the petitioner is handed up to this Court. Let the letter be kept with the record. As the petitioner does not wish to proceed with this application, the writ petition being WPA 14262 of 2024 is dismissed as withdrawn. Interim order, if any, shall stand vacated.
2 All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Rajarshi Bharadwaj, J.)
Reproduced from the public record of the Calcutta High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.