J.M. Samuel vs. The Assistant Commissioner

WP(MD)/8344/2019HC MadrasGSTCNR HCMD01054293201917 September 2020Bench: HONOURABLE MR JUSTICE G.R.SWAMINATHAN2 pages
AI SummaryWithdrawn

Held

The Court granted the petitioner's request to withdraw the Writ Petition. Consequently, the Writ Petition was dismissed as withdrawn. The Court also closed the connected miscellaneous petition. No costs were awarded. The judgment does not delve into the merits of the case or the specific issues raised in the petition, as it was disposed of on the petitioner's request for withdrawal.

Facts

The petitioner, J.M. Samuel, filed a writ petition before the Madurai Bench of the Madras High Court challenging an order dated 18.02.2019 passed by the Assistant Commissioner, CGST & Central Excise, Tuticorin. The petitioner sought to quash this order and consequently sought a direction for the refund of amounts collected from him, along with attendant benefits. The writ petition was filed under Article 226 of the Constitution of India. The respondent in the case was the Assistant Commissioner, CGST & Central Excise.

Key Issues

1. Whether the impugned proceedings of the respondent dated 18.02.2019 are liable to be quashed? (Question of law) 2. Whether the petitioner is entitled to a refund of the amount collected from him, along with attendant and consequential benefits? (Question of law) The petitioner, through his counsel, sought permission to withdraw the Writ Petition. The respondent's arguments are not recorded in the judgment.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
W.P.(MD)No.8344 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2020 CORAM: THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No.8344 of 2019 and WMP(MD) No.6541 of 2019 J.M.Samuel Petitioner Vs The Assistant Commissioner, CGST & Central Excise, C-50, SIPCOT Complex, Tuticorin – 628 008. Respondent PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings of the respondent dated 18.02.2019 in the order in original No.05/AC/ST/2019 and quash the same and consequently direct the respondents to refund the amount collected from the petitioner with attendant and consequential benefits. For Petitioner : Mr.N.Dilip Kumar For Respondent : Mr.S.Gurumurthy

The learned counsel appearing for the writ petitioner seeks permission of this Court to withdraw the Writ Petition and also circulated a letter dated 14.09.2020 to that effect.

2.

Permission is granted. The writ petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is closed. Assistan

The judgment continues below.

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