M/S Swarn Biotech Through Its Proprietor Rajesh Ranjan vs. Union Of INDIA Through Secretary Ministry Of Finance Department Of Revenue

WPC/75/2024HC JharkhandGSTCNR JHHC01000473202416 July 2024Bench: HON'BLE THE CHIEF JUSTICE,HON'BLE MR.JUSTICE SUJIT NARAYAN PRASAD1 pages
AI SummaryRemanded

Held

The Court held that the petitioner, M/s Swarn Biotech, was permitted to withdraw the writ application. The Court granted the petitioner the liberty to pursue their remedy in accordance with law before the appropriate forum. The reasoning behind this decision was the petitioner's explicit request to withdraw the petition for this purpose. The Court's operative direction was to dispose of the writ application as withdrawn. No specific issues were decided on merits, and no ratio decidendi for future citation was established as the matter was withdrawn.

Facts

The petitioner, M/s Swarn Biotech, filed a writ petition before the Jharkhand High Court. The respondents were the Union of India through the Secretary, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs, and the Superintendent of CGST & CX Range-V, Ranchi. The specific tax period(s) and the order or action under challenge, as well as the authority that passed it, are not detailed in the provided text. The amount in dispute is also not mentioned. The procedural history leading to the High Court is not elaborated.

Key Issues

The Court did not have to decide any specific issues of law or fact. The primary issue before the Court was the petitioner's request to withdraw the writ application. The petitioner's argument was that they wished to pursue their remedy before the appropriate forum. The respondents' arguments are not recorded in the judgment. No specific provisions of the CGST Act or Rules were argued or relied upon by either party.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P. (T) No. 75 of 2024

M/s Swarn Biotech

... ... Petitioner

Versus 1.Union of India through Secretary, Ministry of Finance (Department of Revenue), Central Board of Indirect Taxes and Customs, New Delhi. 2.The Superintendent of CGST & CX Range-V, Ranchi.

... Respondents

--------- CORAM: HON’BLE THE CHIEF JUSTICE

HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

--------- For the Petitioner : Mr. Anup Kumar Agarwal, Advocate.

: Mr. Ashutosh Kumar Agrawal, Advocate. For the Respondents : Mr.P.A.S. Pati, Advocate.

---------

Order No.02/Dated: 16.07.2024

After some arguments, learned counsel for the petitioner wants to withdraw this writ application to pursue the remedy in accordance with law before the appropriate Forum.

With the aforesaid liberty, this writ application is disposed of as withdrawn.

(DR. B. R. Sarangi, C.J.)

(Sujit Narayan Prasad, J.)

APK/Tanuj

The judgment continues below.

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