Aarsh Traders vs. State Of Gujarat

SCA/19817/2021HC GujaratGSTCNR GJHC24069984202124 December 2021Bench: HONOURABLE THE CHIEF JUSTICE MS. JUSTICE SONIA GOKANI,HONOURABLE MS. JUSTICE NISHA M. THAKORE2 pages
AI SummaryRemanded

Held

The Court permitted the withdrawal of the petition without entering into the merits of the matter. The reasoning was that the input tax credit had been unlocked for the assessee, rendering the petition infructuous. Therefore, the Court found no further cause for the petitioner to proceed with the case. The petition was disposed of as withdrawn. No specific findings were made on the legality of the negative blocking of input tax credit, as the Court did not adjudicate on the substantive issues raised by the petitioner.

Facts

The petitioner, Aarsh Traders, filed a Special Civil Application before the Gujarat High Court challenging the action of Respondent No. 2, an unnamed authority, for negatively blocking input tax credit amounting to Rs. 18,57,907. The petition sought a Writ of Mandamus to quash and set aside this action. The matter was heard by a Division Bench of the High Court. During the proceedings, it was stated that the input tax credit had been unlocked for the assessee. Consequently, the petitioner sought to withdraw the petition as they no longer had a cause of action.

Key Issues

1. Whether the negative blocking of input tax credit of Rs. 18,57,907 by Respondent No. 2 was a valid action under the Goods and Services Tax laws. Petitioner's Contention: The petitioner sought to quash and set aside the negative blocking of their input tax credit. The specific grounds for challenging the blocking were not detailed in the provided text, but the relief sought indicates a dispute over the legality of this action. Revenue's Contention: The State of Gujarat, represented by the Assistant Government Pleader, was present. No specific arguments or contentions were recorded for the revenue in the provided text, as the matter was disposed of on withdrawal.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
C/SCA/19817/2021 ORDER DATED: 24/12/2021 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 19817 of 2021 ========================================================== AARSH TRADERS Versus STATE OF GUJARAT ========================================================== Appearance: MR. APURVA N MEHTA(7202) for the Petitioner(s) No. 1 VIJAY H PATEL(7361) for the Petitioner(s) No. 1 for the Respondent(s) No. 2 ADVANCE COPY SERVED TO MR TRUPESH KATHIRIYA, ASST. GOVERNMENT PLEADER/PP(99) for the Respondent(s) No. 1 ========================================================== CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI and HONOURABLE MS. JUSTICE NISHA M. THAKORE Date : 24/12/2021

ORAL ORDER (PER : HONOURABLE MS. JUSTICE SONIA GOKANI)

1.

Petitioner has preferred this petition seeking following reliefs:- “7) Ont he premises of the above mentioned facts and grounds, the Petitioner most respectfully prays as under: (A) YOUR LORDSHIPS may be pleased to admit and allow this Petition; (B) YOUR LORDSHIPS may be kindly be pleased to issue a Writ of Mandamus or any other appropriate Writ, O

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