M/S. Cart Infralog Limited And Anr. vs. The Assistant Commissioner Of CGST And Cx, Ballygunge Division And Ors.

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WPA/15304/2024HC CalcuttaGSTCNR WBCHCA028807202420 January 2025Bench: HON'BLE JUSTICE RAJARSHI BHARADWAJ2 pages
AI SummaryDismissed

Facts

The petitioners, M/s. Cart Infralog Limited & Anr., filed a writ petition, WPA 15304 of 2024, before the High Court. The respondents included the Assistant Commissioner of CGST & CX and others, representing the CGST, Union of India, and the State. The petition was filed challenging an unspecified order or action. An interim order was in place dated July 29, 2024. The petitioners had also deposited Rs. 5,00,000/- with the Registrar General via Challan No.1395 dated August 19, 2024. The matter came up for hearing on January 20, 2025.

Held

The Court granted the petitioners' prayer to withdraw the writ petition. Consequently, the writ petition, WPA 15304 of 2024, was dismissed as withdrawn. The interim order dated July 29, 2024, was vacated. The Court further directed that the sum of Rs. 5,00,000/- deposited by the petitioners with the Registrar General be returned to them within three months, following the proper procedure. No order as to costs was made. The Court did not decide on the merits of the original challenge that led to the filing of the writ petition, as it was withdrawn.

Key Issues

The primary issue before the Court was whether to grant the petitioners' prayer to withdraw the writ petition. The petitioners, on instruction, prayed for leave to withdraw the writ petition. The revenue authorities (CGST, Union of India, and the State) were present and represented by their respective counsel. The Court had to decide whether to permit the withdrawal and what consequential directions should be issued regarding the interim order and the deposited amount. The arguments presented were solely from the petitioners seeking withdrawal.

AI-generated summary — verify with the full judgment below

6 ss 20.01.2025 WPA 15304 of 2024 M/s. Cart Infralog Limited & Anr. Vs. The Assistant Commissioner of CGST & CX & Ors. Mr. Ankit Kanodia Mr. Megha Agarwal Ms. T. Roy Mr. P. Khaitan … … for the petitioners Mr. Kaushik Dey Ms. Aishwarya Rajashree … … for the CGST Mr. Ashok Bhowmik Mr. A. Raha … … for the Union of India Mr. Anirban Ray Md. T.M. Siddiqui Mr. T. Chakraborty Mr. S. Sanyal … … for the State Learned counsel appearing for the petitioners on instruction prays leave to withdraw this writ petition. Leave is granted. The writ petition being WPA 15304 of 2024 is dismissed as withdrawn. Interim order dated 29th July, 2024 is vacated. Rs. 5,00,000/- deposited before the Registrar General by O.D. Challan No.1395 dated 19.08.2024 be returned to the petitioners within three months from date after following proper procedure. There shall be no order as to costs.

Written instruction be kept with the record. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajarshi Bharadwaj, J.) 2

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.