Ajit Amit Construction PVT LTD Represented Through Its Director Ajeet Choubey vs. The State Of Jharkhand

WPC/5247/2019HC JharkhandGSTCNR JHHC01031630201915 February 2023Bench: HON'BLE THE ACTING CHIEF JUSTICE,HON'BLE MR. JUSTICE DEEPAK ROSHAN1 pages
AI SummaryDismissed

Held

The Court held that the writ petition should be dismissed for non-prosecution. This decision was based on the observation that no one appeared for the petitioner, and their counsel had failed to file a fresh vakalatnama even after being granted an extension. The Court inferred from this lack of action that the petitioner was not interested in pursuing the matter. Consequently, the writ petition was dismissed on these procedural grounds, without delving into any substantive issues related to GST or taxation. No specific provisions of the CGST/SGST Act or Rules were discussed in relation to the merits of the case.

Facts

The petitioner, Ajit Amit Construction Pvt. Ltd., filed a writ petition before the Jharkhand High Court. The respondents included the State of Jharkhand and various government departments and officials, as well as the Chief Commissioner, CGST & C. Ex. Ranchi. The specific tax period, order or action under challenge, authority that passed it, and the amount in dispute are not recorded in the judgment. The procedural history indicates that the petitioner's counsel had not filed a fresh vakalatnama even after a two-week extension granted by the court. This led the court to infer that the petitioner was not interested in pursuing the matter.

Key Issues

1. Whether the writ petition should be dismissed for non-prosecution, given the absence of the petitioner and their counsel, and the failure to file a fresh vakalatnama. The petitioner's side did not present any arguments as no one appeared for them. The revenue or State's side did not present any arguments as the matter was decided on procedural grounds.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P (C) No. 5247 of 2019

Ajit Amit Construction Pvt. Ltd., Palamau --- --- Petitioner Versus

1.

The State of Jharkhand

2.

The Chief Secretary, State of Jharkhand

3.

The Principal Secretary, WRD, Govt. of Jharkhand

4.

The Executive Engineer, Minor Irrigation Division, Water Resources Department, Hussainabad, Palamau

5.

D.C.C.T, Dalonganj, Palamau Circle, Palamau

6.

Chief Commissioner, CGST & C. Ex. Ranchi--- --- Respondents

--- CORAM: Hon’ble The Acting Chief Justice

Hon’ble Mr. Justice Deepak Roshan ---

For the Petitioner: None --- 08 / 15.02.2023 No one appears for the petitioner.

2.

No fresh vakalatnama has been filed by the learned counsel Mr. Ranjan Kumar even after two weeks’ time allowed vide order dated 25.01.2023. Therefore, it seems that the petitioner is not interested in prosecuting the matter after taking no objection from the previous counsel. As such, writ petition is dismissed for non-prosecution.

(Aparesh Kumar Singh, A.C.J)

(Deepak Roshan, J) Ranjeet/

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.