M/S.Devi Crop Science(P) LTD. vs. The Commissioner Of CGST &

WP(MD)/13620/2019HC MadrasGSTCNR HCMD01022551201918 June 2019Bench: HONOURABLE DR JUSTICE ANITA SUMANTH2 pages
AI SummaryWithdrawn

Held

The Court did not decide on the merits of the case. The learned counsel for the petitioner sought and was granted permission to withdraw the Writ Petition. Consequently, the Court dismissed the Writ Petition as withdrawn. No costs were awarded. The connected Miscellaneous Petition was also closed. The Court directed the respondent's counsel to inform the respondent to re-fix the date of personal hearing for the petitioner to a date after two weeks, indicating a procedural step rather than a decision on the substantive issues raised in the petition.

Facts

The petitioner, M/s. Devi Crop Science (P) Ltd., filed a Writ Petition before the Madurai Bench of the Madras High Court. The petition challenged a Show Cause Notice dated 07.02.2019, issued by the Commissioner of CGST & Central Excise, Madurai. The Show Cause Notice proposed a demand of duty amounting to Rs. 7,53,67,217/- on trading goods. The petitioner sought to quash this notice, arguing it was illegal, arbitrary, and violative of the principles of natural justice. The respondent was the Commissioner of CGST & Central Excise. The specific tax period was not explicitly stated in the provided text.

Key Issues

1. Whether the Show Cause Notice dated 07.02.2019, proposing a demand of duty of Rs. 7,53,67,217/- on trading goods, is illegal, arbitrary, and violative of the principles of natural justice, as contended by the petitioner? The petitioner argued that the Show Cause Notice was illegal, arbitrary, and violative of the principles of natural justice. The respondent's contentions were not recorded as the matter was withdrawn by the petitioner. No specific provisions of the CGST Act or Rules were explicitly argued by either side in the provided text, nor were any specific circulars or precedents mentioned.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2019 CORAM: THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.(MD)No.13620 of 2019 and W.M.P.(MD)No.10171 of 2019 M/s.Devi Crop Science (P) Ltd., Represented by its General Manager (Operations), Mr.M.Ramasamy, P.B.No.3, Dindigul Road, Batlagundu – 624202. having Registered and Corporate office at "Devi House", 281-4, Sivagangai Main Road, Gomathipuram, Madurai 625 020. ... Petitioner /Vs./ The Commissioner of CGST & Central Excise, Central Revenue Buildings, Rathnasamy Nadar Road, Bibikulam, Madurai – 625002. ... Respondent PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records in File No.C.No.V/38/15/03/2019-Adjn comprising of Show Cause Notice No.02/2019-CE dated 07.02.2019 on the file of the respondent and quash the same to the extent of demand of duty of Rs.7,53,67,217/- on trading goods as the same as illegal, arbitrary and violative of principle of natural justice. For Petitioner : Mr.S.P.Maharajan For Respondent : Mr.R.Aravindhan

Learned counsel for petitioner seeks permission of this Court to withdraw

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