Mainuddin Ansari vs. Commissioner Of Central Excise And Service Tax, Patna

MA/483/2018HC PatnaGSTCNR BRHC01051493201827 September 2023Bench: MR. JUSTICE PARTHA SARTHY,THE CHIEF JUSTICE-1 pages
AI SummaryRemanded

Held

The Court noted the submission that the appellant is deceased. Consequently, the appeal was closed. However, the Court explicitly left open the question of law that arose in the appeal. Furthermore, the Court reserved the right of any legal heir of the deceased appellant to seek restoration of the appeal if they so desired. No specific findings were made on any substantive GST or tax-related issues, as the appeal was closed on procedural grounds.

Facts

The appellant, Mainuddin Ansari, is deceased. The appeal was filed before the Patna High Court. The respondent is the Commissioner of Central Excise and Service Tax, Patna. The specific tax period and the order or action under challenge are not recorded in the provided text. The amount in dispute is also not stated. The procedural history leading to this appeal before the High Court is not detailed.

Key Issues

The Court had to decide the fate of the appeal given the death of the appellant. The primary issue was whether the appeal should abate or if any other course of action was permissible. The appellant's counsel submitted that the appellant is no more. The revenue's contentions are not recorded in the provided text.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.483 of 2018 ====================================================== Mainuddin Ansari ... ... Appellant/s Versus Commissioner Of Central Excise And Service Tax, Patna, C.R. Building, Bir Chand Patel Marg, Patna. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Kameshwar Mishra, 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 PARTHA SARTHY

(Per: HONOURABLE THE CHIEF JUSTICE) 4 27-09-2023 It is submitted by the learned counsel for the appellant that the appellant is no more. Hence, the appeal is closed, leaving open the question of law and also reserving the right of any legal heir to seek for restoration, if so desire.

aditya/- (K. Vinod Chandran, CJ) ( Partha Sarthy, J) U

The judgment continues below.

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