Supreme Engineering LTD. Thr Its Authorized Signatory vs. Union Of INDIA Thr The Secretary And Ors

WP/15668/2023HC BombayGSTCNR HCBM01047142202301 April 2025Bench: HON'BLE SHRI JUSTICE B.P. COLABAWALLA,HON'BLE SHRI JUSTICE FIRDOSH PHIROZE POONIWALLA4 pages
AI SummaryDismissed

Facts

The Petitioner, Supreme Engineering Limited, filed a Writ Petition before the Bombay High Court. The Petitioner stated its intention to avail the Amnesty Scheme under Section 16(5) of the Central Goods and Services Tax Act, 2017. Consequently, the Petitioner expressed a wish to withdraw the Writ Petition. The Respondents are the Union of India and others, including the State.

Held

The Court noted the statement made by the learned Advocate for the Petitioner that the Petitioner intended to avail the Amnesty Scheme under Section 16(5) of the Central Goods and Services Tax Act, 2017. Based on this statement and the Petitioner's wish to withdraw the Writ Petition, the Court dismissed the Writ Petition as withdrawn. No order as to costs was made. The primary issue was the Petitioner's request for withdrawal, which was granted by the Court.

Key Issues

1. Whether the Petitioner is entitled to withdraw the Writ Petition in light of its intention to avail the Amnesty Scheme under Section 16(5) of the Central Goods and Services Tax Act, 2017? Petitioner's Contention: The Petitioner stated its wish to withdraw the Writ Petition to avail the Amnesty Scheme under Section 16(5) of the CGST Act, 2017. Revenue/State's Contention: No specific contention is recorded for the Revenue or State regarding the withdrawal of the petition. The judgment focuses on the Petitioner's statement and the subsequent dismissal.

Sections Cited

Section 16(5)

AI-generated summary — verify with the full judgment below

p1.wp.15668.23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURI ICTION WRIT PETITION NO. 15668 OF 2023 Supreme Engineering Limited .. Petitioner Versus Union of India & Ors .. Respondents Mr. Aman Mishra i/b UBR Legal, Advocates for the Petitioner.

CORAM: B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ. DATE: APRIL 4, 2025 P. C.

1.

The above Praecipe has been moved for speaking to the minutes of the order dated 1st April 2025. 2. Having heard the learned counsel for the Petitioner, the following corrections shall be carried out:- “(a) In the appearance column, the following shall be substituted:- “Mr. Aman Mishra i/b UBR Legal, Advocates for the Petitioner.” APRIL 4, 2025 Aswale ANJALI TUSHAR ASWALE TUSHAR ASWALE Date: 2025.04.07 18:36:06 +0530

p1.wp.15668.23.doc

(b) In paragraph (1) for the words “Section 128A” the words “Section 16 (5) shall be substituted”. 3.

The judgment continues below.

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