M/S Shyam Prasad Gorakhram Murarka vs. The Union Of INDIA

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CWJC/7161/2020HC PatnaGSTCNR BRHC01034381202018 March 2024Bench: MR. JUSTICE HARISH KUMAR,THE CHIEF JUSTICE-1 pages
AI SummaryDismissed

Facts

The petitioner, M/s Shyam Prasad Gorakhram Murarka, through its authorized signatory Sanjay Kumar Murarka, filed a writ petition before the Patna High Court. The respondents included the Union of India, the Chairman of the GST Council, the Commissioner of Central GST and Central Excise, and the Assistant Commissioner cum Jurisdictional Officer, GST, Madhubani, Bihar. The specific tax period(s) and the order or action under challenge, as well as the amount in dispute, are not recorded in the judgment. The procedural history leading to the filing of the writ petition is also not detailed.

Held

The Court held that the writ petition was dismissed as withdrawn, based on the request made by the learned counsel for the petitioner. No substantive legal issues were adjudicated upon, and therefore, no reasoning or ratio decidendi was established. The operative direction was to dismiss the writ petition as withdrawn. No issues were left undecided as the matter was resolved by the petitioner's request.

Key Issues

The Court was not required to decide any substantive issues of law or fact. The sole matter before the Court was the petitioner's request to withdraw the writ petition. The petitioner's argument was that they wished to withdraw the petition. The respondents did not present any arguments as the matter was resolved by the petitioner's request for withdrawal. No specific provisions of the CGST Act or Rules were argued or relied upon by either party.

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.7161 of 2020 ====================================================== M/s Shyam Prasad Gorakhram Murarka through its authorized signatory Sanjay Kumar Murarka, aged about 55 years, Male, son of Sri Shyam Prasad Murarka, resident of Marwari Mohalla P.S. Jai Nagar, District Madhubani. ... ... Petitioner/s Versus 1. The Union of India represented by Secretary, Ministry of Finance, Government of India, New Delhi. 2. The Chairman, GST Council, Office of the GST Council Secretariat, Janpath Road, New Delhi. 3. The Commissioner, Central GST and Central Excise, 3rd Floor, Central Revenue Building, Birchand Patel Path, Patna. 4. The Assistant Commissioner cum Jurisdictional Officer, GST, Madhubani, Bihar. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Prabhat Ranjan, Advocate For the UOI : Dr.K.N.Singh (ASG) Mr. Anshuman Singh, Sr. SC, CGST & CX For the State : Mr. Vikash Kumar, S.C.-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR

(Per: HONOURABLE THE CHIEF JUSTICE) 16 18-03-2024 At the request of learned counsel for the petitioner, the writ petition is dismissed as withdrawn.

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.