M/S Arham Art INDIA vs. Assistant Commissioner, Central Goods And Service Tax

CW/12788/2019HC RajasthanGSTCNR RJHC01056795201917 May 2023Bench: VIJAY BISHNOI,PRAVEER BHATNAGAR1 pages
AI SummaryDismissed

Facts

The petitioner, M/s Arham Art India, a registered partnership firm, filed a writ petition before the High Court of Judicature for Rajasthan at Jodhpur. The petition was filed against the Assistant Commissioner, Central Goods and Service Tax, and the Goods and Service Tax Network (GSTN). The specific tax period and the order or action under challenge are not detailed in the provided text. The procedural history indicates that an interlocutory application (I.A. No. 1/2023) was filed by the petitioner seeking permission to withdraw the writ petition. The respondents did not object to this application.

Held

The Court allowed the interlocutory application (I.A. No. 1/2023) filed by the petitioner. The Court granted permission to the petitioner to withdraw the writ petition. The reasoning was based on the reasons stated in the application and the absence of any objection from the respondents. Consequently, the writ petition was dismissed as withdrawn. The ratio decidendi is that a party can withdraw a writ petition if they provide sufficient reasons and the opposing party has no objection. No specific GST provisions were discussed in relation to the withdrawal itself, as the matter was resolved at the procedural stage of withdrawal.

Key Issues

1. Whether the petitioner should be permitted to withdraw the writ petition. The petitioner argued for withdrawal based on the reasons stated in their application (I.A. No. 1/2023). The respondents stated they had no objection to the withdrawal application. The court had to decide whether to allow the withdrawal, considering the application and the lack of opposition from the respondents. No specific legal provisions or precedents were cited in the judgment regarding the grounds for withdrawal itself, beyond the reasons provided in the application.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
[2023/RJJD/015634] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 12788/2019 M/s Arham Art India, A Registered Partnership Fir Having Principal Place Of Business At 126, Pal Road, Mahadev Gayatri Nagar, Jodhpur- Rajasthan- 342026 Through Its Partner Mr. Ganesh Mal Dugar Aged 54 Years ----Petitioner Versus 1. Assistant Commissioner, Central Goods and Service Tax, Gst Range- V, Civil Lines, Residency Road, Jodhpur- Rajasthan 2. Goods And Service Tax Network (Gstn), through its CEO, East Wing, Worldmark 1, 4th Floor, Tower B, Aerocity, New Delhi- 110037 ----Respondents For Petitioner(s) : Mr. Gopal Krishna Chhangani for Mr. Prateek Gattani For Respondent(s) : Mr. Rajvendra Saraswat HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Order 17/05/2023 The matter comes up for consideration of the I.A. No.1/2023 preferred on behalf of the petitioner seeking permission to withdraw the instant writ petition. Learned counsel appearing for the respondents has no objection.

For the reasons stated in the application I.A. No.1/2023, the same is allowed. The petitioner is permitted to withdraw the instant writ petition. Hence, this writ

The judgment continues below.

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