Prabhat Zarda Factory INDIA PVT. LTD. vs. Union Of INDIA Through The Joint Secretary

CWJC/199/2021HC PatnaGSTCNR BRHC01052547202002 November 2023Bench: MR. JUSTICE RAJIV ROY,THE CHIEF JUSTICE-1 pages
AI SummaryWithdrawn

Held

The Court considered the oral request made by the learned counsel for the petitioner seeking permission to withdraw the writ petition. The Court granted this permission. Consequently, the writ petition was dismissed as withdrawn. No specific findings on any substantive GST provisions or disputes were made, as the case was disposed of on the petitioner's request for withdrawal. The Court did not leave any issue undecided, as the matter was resolved by the withdrawal.

Facts

The petitioner, Prabhat Zarda Factory India Pvt. Ltd., filed a writ petition before the Patna High Court. The respondents were the Union of India through the Joint Secretary, Ministry of Finance, Department of Revenue, the Commissioner of CGST and Central Excise, and the Assistant Commissioner of CGST and Central Excise, Muzaffarpur. The specific tax period(s) and 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. The matter came before the Court for hearing on November 2, 2023.

Key Issues

The primary issue before the Court was whether the writ petition filed by the petitioner should be allowed to proceed. The petitioner, through its learned counsel, sought permission to withdraw the writ petition. The respondents, represented by the Additional Solicitor General, did not record any specific arguments against the withdrawal. Therefore, the Court had to decide whether to grant the petitioner's request for withdrawal.

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.199 of 2021 ====================================================== Prabhat Zarda Factory India Pvt. Ltd. a company incorporated under the Companies Act, 1956 having its office at Sikandarpur, Muzaffarpur through its Director Rajesh Kumar (aged about 41 years (male) son of Late Shridhar Prasad, resident of New Area Sikandarpur, Musahri, PO and PS Ramana District Muzaffarpur, Bihar. ... ... Petitioner/s Versus 1. Union of India through the Joint Secretary, Ministry of Finance, Department of Revenue, North Block New Delhi 110001. 2. Commissioner, CGST and Central Excise, having its office at Bir Chand Patel Marg, Patna 800001. 3. Asst. Commissioner of CGST and Central Excise, Division, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.D.V.Pathy, Advocate For the Respondent/s : Dr. K. N. Singh (ASG) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJIV ROY

(Per: HONOURABLE THE CHIEF JUSTICE) 12 02-11-2023 Learned coun

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