M S Delta Chemicals And Another vs. Union Of INDIA And Others

CWP/5656/2025HC Punjab and HaryanaGSTCNR PHHC01032209202528 February 2025Bench: MR. JUSTICE ARUN PALLI,MRS. JUSTICE SUDEEPTI SHARMA1 pages
AI SummaryDismissed as withdrawn

Facts

The petitioners, M/s Delta Chemicals and another, filed a writ petition before the High Court of Punjab and Haryana at Chandigarh. The respondents were the Union of India and others. The petitioners sought to withdraw the petition to pursue other remedies available in law, specifically mentioning the option to file an appeal under Section 107 of the Central Goods and Services Tax Act, 2017. The exact nature of the dispute, the tax period(s), the order or action under challenge, the authority that passed it, and the amount in dispute were not specified in the provided text.

Held

The Court allowed the petitioners' request to withdraw the writ petition. The reasoning was based on the petitioners' submission that they wished to pursue alternative remedies, including the statutory appeal mechanism provided under Section 107 of the Central Goods and Services Tax Act, 2017. The Court did not delve into the merits of the case or the underlying dispute. The operative direction was to dismiss the petition as withdrawn, leaving the petitioners free to pursue their chosen remedies.

Key Issues

The Court did not have to decide any substantive issues of law or fact. The primary question before the Court was whether to allow the petitioners' request to withdraw the writ petition. The petitioners argued that they wished to withdraw to avail other remedies, including filing an appeal under Section 107 of the CGST Act, 2017. The respondents' stance on the withdrawal was not recorded in the judgment.

Sections Cited

Section 107

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-5656-2025(O&M) Date of decision: 28.02.2025 M/s Delta Chemicals and another … Petitioners Versus Union of India and others … Respondents CORAM: HON’BLE MR. JUSTICE ARUN PALLI HON’BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Amit Jay Singh, Advocate, and Mr. Savinder Singh Gill, Advocates, for the petitioners. Mr. Sunish Bindlish, Sr. Standing Counsel, and Ms. Sidhi Bansal, Advocate, for the respondent(s). *** ARUN PALLI, J. (Oral) Having argued the matter at some length, learned counsel for the petitioners submits that he be permitted to withdraw the petition to enable the petitioners to avail such other remedies, as shall be admissible in law, as also to file an appeal under Section 107 of the Central Goods and Services Tax Act, 2017, if so advised. Dismissed as withdrawn. ( Arun Palli )

Judge 28.02.2025 Rajan ( Sudeepti Sharma ) Judge Whether speaking / reasoned: YES/NO Whether Reportable: YES/NO RAJAN KUMAR 2025.02.28 18:38 I am approving this document

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