M/S Grid Industries PVT. LTD. vs. Principal Commissioner, Goods And Service Tax (Erstwhile Excise Department)

CWP/11551/2022HC Punjab and HaryanaGSTCNR PHHC01055690202212 December 2022Bench: MR. JUSTICE TEJINDER SINGH DHINDSA,MR. JUSTICE SANJIV BERRY1 pages
AI SummaryDismissed

Held

The Court allowed the withdrawal of the writ petition. The decision was based on the petitioner's explicit request to withdraw the case. This request was made in consideration of a communication dated 18.10.2022 from the Commissioner, CGST, Gurugram Commissionerate, and the submissions recorded from the respondent's counsel on 05.12.2022. The Court did not delve into the merits of the original dispute or the underlying GST issues. The reasoning for allowing the withdrawal is rooted in the petitioner's volition and the apparent acknowledgment or resolution of concerns that led to the petition, as indicated by the communication and the respondent's submissions. The operative direction was to dispose of the writ petition as not pressed. No specific sections of the CGST Act or Rules were discussed in relation to the final order.

Facts

The petitioner, M/s Grid Industries Pvt. Ltd., filed a writ petition before the High Court of Punjab & Haryana at Chandigarh. The respondent was the Pr. Commissioner, Goods and Service Tax (Erstwhile Excise Department). The petitioner sought withdrawal of the writ petition. This request was made in light of a communication dated 18.10.2022 issued by the Commissioner, CGST, Gurugram Commissionerate, and submissions recorded by the Court on 05.12.2022. The specific nature of the dispute or the tax period(s) involved are not detailed in the provided judgment excerpt. The procedural history leading to the withdrawal is based on subsequent developments communicated by the CGST authorities and arguments presented in court.

Key Issues

The primary issue before the Court was whether the writ petition filed by M/s Grid Industries Pvt. Ltd. should be permitted to be withdrawn. The petitioner's counsel sought withdrawal based on a communication from the Commissioner, CGST, Gurugram Commissionerate, dated 18.10.2022, and submissions made by the respondent's counsel on 05.12.2022. The Court had to decide if the withdrawal was appropriate under these circumstances. The petitioner argued for withdrawal, relying on the aforementioned communication and the respondent's submissions, implying that the issues raised in the petition might have been resolved or rendered infructuous. The respondent, through its Sr. Standing counsel, had made submissions that seemingly supported or acknowledged the basis for the petitioner's request for withdrawal. No specific legal provisions were explicitly debated as the matter was disposed of on the petitioner's request for withdrawal.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-11551-2022 (O&M)

Date of decision:12.12.2022 M/s Grid Industries Pvt. Ltd. ... Petitioner Vs.

Pr. Commissioner, Goods and Service Tax (Erstwhile Excise Depratment) ... Respondent CORAM: HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA. HON'BLE MR. JUSTICE SANJIV BERRY.

Present: Mr. Prashant Mehra, Advocate and Mr. Rajesh Goel, Advocate for the petitioner.

Mr. Rishabh Kapoor, Sr. Standing counsel for the respondent. *** TEJINDER SINGH DHINDSA, J. (ORAL).

Learned counsel representing the petitioner seeks withdrawal of the writ petition in the light of communication dated 18.10.2022 issued by the Commissioner, CGST, Gurugram Commissionerate as also the submissions recorded of learned senior standing counsel for the respondents by this Court in the order dated 05.12.2022.

Disposed of as not pressed. (TEJINDER SINGH DHINDSA) JUDGE (SANJIV BERRY) JUDGE 12.12.2022 harjeet (I) Whether speaking/reasoned? Yes/No (II) Whether reportable? Yes/No HARJEET KAUR 2022.12.14 15:25 I attest to the accuracy and integrity of this document

The judgment continues below.

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