M/S Royal Enterprises vs. The Union Of INDIA

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CWJC/4740/2023HC PatnaGSTCNR BRHC01025034202315 May 2023Bench: MR. JUSTICE PARTHA SARTHY,THE CHIEF JUSTICE-2 pages
AI SummaryDismissed

Facts

The petitioner, M/s Royal Enterprises, through its proprietor Pawan Kumar Mishra, filed a writ petition before the Patna High Court. The respondents included various authorities from the Union of India and the State of Bihar, as well as the Branch Manager of the State Bank of India. The specific tax period and the exact nature of the dispute or the order under challenge are not detailed in the provided text. However, the case proceeded to a point where the learned Government Advocate made a submission regarding a rectification of demand.

Held

The Court held that the writ petition had become infructuous. This conclusion was reached based on the submission made by the learned Government Advocate. The advocate stated that the demand against the petitioner had been rectified, and the petitioner was permitted to avail of the opportunity provided under Notification No. 6 of 2023. Consequently, the Court found no further necessity for the writ petition to continue. The operative direction was to dismiss the writ petition as infructuous. No specific issues were expressly left undecided.

Key Issues

The primary issue appears to be the rectification of a demand against the petitioner. The court had to decide whether the petitioner was entitled to avail of an opportunity under Notification No. 6 of 2023. The petitioner's contention, implicitly, was that they were aggrieved by a demand and sought relief. The revenue's contention, as presented by the learned Government Advocate, was that the demand had been rectified in accordance with Notification No. 6 of 2023, and the petitioner had been allowed to avail of the benefits under this notification. No specific legal provisions or precedents were explicitly mentioned in the arguments presented in the judgment excerpt.

Sections Cited

No specific sections of the CGST/SGST Act or Rules were discussed or mentioned in the provided judgment excerpt.

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.4740 of 2023 ====================================================== M/S Royal Enterprises through its Proprietor Pawan Kumar Mishra, Male Aged About 44 Years S/o Awdhesh Kumar Mishra R/o, Jagarnathpur PO- Nandlalpur, PS- Kahalgaon, Dist- Bhagalpur, Pin- 813222 Bihar. ... ... Petitioner/s Versus 1. The Union of India through the Secretary, Department of Revenue, Ministry of Finance, New Delhi. 2. The Secretary, Department of Revenue, Ministry of Finance, Government of India, New Delhi. 3. The Central Board of Indirect Taxes and Customs, Department of Revenue, Ministry of Finance, Government of India, New Delhi. 4. The Chief Commissioner of Central Taxes, 3rd Floor, Central Revenue (Annex) Building, Birchand Patel Path, Patna. 5. The State of Bihar, through the Commissioner-cum-Secretary, Commercial Taxes, Govt. of Bihar, Patna. 6. The Commissioner of State Tax, Vikash Bhawan, Patna. 7. The Additional Commissioner State Taxes (Appeal), Bhagalpur Division, Bhagalpur. 8. The Assistant Commissioner of State Tax, Bhagalpur Circle, Bhagalpur. 9. The Branch Manager, State Bank of India, Deeptinagar Kahalgaon Branch, Bhagalpur. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Brisketu Sharan Pandey, Advocate For the U.O.I : Dr. K.N. Singh, ASG Mr. Anshuman Singh, Sr. SC, CGST & CX For the State : Mr. Vivek Prasad, GP-7 For the respondent no.9 : Mr. Apurv Harsh, Advocate Ms. Mahima Sharma, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 5 15-05-2023 Learned Government Advocate submits that giving benefit of Notification No. 6 of 2023, the demand has been rectified and the petitioner has been permitted to avail of the Patna High Court CWJC No.4740 of 2023(5) dt.15-05-2023 2/2 opportunity under the Notification. In such circumstances, the writ petition has become infructuous. Writ petition stands dismissed as infructuous.

aditya/sujit (K. Vinod Chandran, CJ) ( Partha Sarthy, 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.