Messrs Kick Industries Thru Partner Chimanbhai Nanjibhai Hapani vs. The Commissioner Of CGST And Central Excise

TAXAP/170/2019HC GujaratGSTCNR GJHC24013099201913 February 2020Bench: HONOURABLE MR. JUSTICE J.B.PARDIWALA,HONOURABLE MR. JUSTICE BHARGAV D. KARIA1 pages
AI SummaryDismissed

Facts

The appellants, Messrs Kick Industries, through their partner Chimanbhai Nanjibhai Hapani, filed four appeals (R/TAXAP/170/2019 to R/TAXAP/173/2019) before the High Court of Gujarat at Ahmedabad. The appeals were directed against an order or action by the Commissioner of CGST and Central Excise. The specific tax periods and the amount in dispute are not recorded in the judgment. The procedural history leading to these appeals is also not detailed.

Held

The Court held that since the learned advocate for the appellants, Mr. Paresh Sheth, under instructions, did not press the appeals, the appeals stood disposed of as not pressed. The Court did not delve into the merits of the case or any specific legal provisions. The reasoning was solely based on the appellant's decision not to pursue the appeals. Consequently, the notices issued in these appeals were discharged. No specific findings were made on any substantive legal issues, and no ratio decidendi for future cases can be derived beyond the principle that an appeal not pressed is dismissed.

Key Issues

The primary issue before the Court was whether the appeals filed by the appellants should be entertained. The Court had to decide on the fate of these appeals based on the arguments presented by the parties. The appellant's counsel, Mr. Paresh Sheth, under instructions, did not press the appeals. The respondent, the Commissioner of CGST and Central Excise, was represented by Mr. Viral K. Shah. No specific legal questions or statutory provisions were debated as the appellant chose not to press the appeals.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
C/TAXAP/170/2019 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 170 of 2019 With R/TAX APPEAL NO. 171 of 2019 With R/TAX APPEAL NO. 172 of 2019 With R/TAX APPEAL NO. 173 of 2019 ========================================================== MESSRS KICK INDUSTRIES THRU PARTNER CHIMANBHAI NANJIBHAI HAPANI Versus THE COMMISSIONER OF CGST AND CENTRAL EXCISE ========================================================== Appearance: MR PARESH V SHETH(3998) for the Appellant(s) No. 1 VIRAL K SHAH(5210) for the Opponent(s) No. 1 ========================================================== CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA and HONOURABLE MR. JUSTICE BHARGAV D. KARIA Date : 13/02/2020

(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)

Mr.  Paresh  Sheth,  learned  advocate  for  the appellants,   under   instructions,   does   not   press these appeals. In view of the same, the appeals stand   disposed   of   as   not   pressed.   Notice   is discharged. (J. B. PARDIWALA, J) (BHARGAV D. KARIA, J) PRAVIN KARUNAN

The judgment continues below.

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Reproduced from the public record of the Gujarat High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.