M/S Royal Enterprises vs. The Union Of INDIA
Original PDF →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
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.