Messrs Kich Manufacturers Thru Dineshbhai Chimalal Hapani vs. The Commissioner Of CGST And Central Excise
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
(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.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
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.