Sk Jha And Associates vs. The Union Of INDIA

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CWJC/1029/2024HC PatnaGSTCNR BRHC01121399202327 June 2024Bench: MR. JUSTICE HARISH KUMAR,THE CHIEF JUSTICE-1 pages
AI SummaryDismissed

Facts

The petitioner, SK Jha & Associates, filed a writ petition before the Patna High Court. The respondents were various authorities from the Income Tax Department and the Central Board of Direct Taxes. The specific details of the dispute, the tax period, the order or action under challenge, the authority that passed it, and the amount in dispute are not recorded in the provided judgment excerpt. The procedural history is limited to the filing of the writ petition.

Held

The Court held that the writ petition was infructuous. Based on the submission made by the learned counsel for the petitioner that the matter had become infructuous, the Court found no necessity to proceed with the adjudication of the case on merits. Consequently, the Court dismissed the writ petition. The reasoning is solely based on the petitioner's counsel's statement, implying that the underlying dispute or the relief sought was no longer relevant or achievable. No specific provisions of the GST Act were discussed as the matter was disposed of on procedural grounds.

Key Issues

The Court had to decide whether the writ petition should be dismissed. The petitioner's counsel submitted that the matter had become infructuous. The respondents' arguments are not recorded in the judgment. The core issue was the current status of the writ petition and whether it could still be adjudicated upon, given the petitioner's submission.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1029 of 2024 ====================================================== SK Jha & Associates through one of its partners Ratendra Kumar, male, aged about 53 years, S/o Ganesh Mishra, Chartered Accountant, office at 2-E, Shambhunath Plaza, New Dak Bungalow Road, P.S. - Kotwali, District - Patna. ... ... Petitioner/s Versus 1. The Union of India through the Joint Director of Income Tax, Central Board of Direct Taxes (Income Tax), 4th Floor, Mayur Bhawan, Cannaught Circus, New Delhi. 2. Joint Director of Income Tax, Central Board of Direct Taxes (Income Tax), 4th Floor, Mayur Bhawan, Cannaught Circus, New Delhi. 3. Principal Chief Commissioner of Income Tax, Bihar and Jharkhand, Central Revenue Building Birchand Patel Marg, Patna. 4. Income Tax Officer, ITO Ward 1 (1), Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Baidhyanath Thakur, Advocate For the Respondent/s : Dr. K.N. Singh, ASG Mr. Anshuman Singh, Sr. SC, CGST & CX ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR

(Per: HONOURABLE THE CHIEF JUSTICE) 6 27-06-2024 Learned counsel for the petitioner submits that the matter has become infructuous.

2.

The writ petition stands dismissed as infructuous.

P.K.P./- (K. Vinod Chandran, CJ) ( Harish Kumar, J) U

Reproduced from the public record of the Patna High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.