M/S Bikaner Digitech vs. Assistant Commissioner Of Central Goods And Service Tax
Held
The Court allowed the petitioner's application for withdrawal of the writ petition. The reasoning was based on the petitioner's explicit request to withdraw and the absence of any objection from the respondents. Consequently, the Court dismissed the writ petition as withdrawn. No specific findings were made on the merits of any underlying GST dispute, as the case was disposed of on procedural grounds. The operative direction was the dismissal of the writ petition as withdrawn.
Facts
The petitioner, M/s Bikaner Digitech, through its Partner Mr. Pankaj Nagpal, filed a writ petition before the High Court of Judicature for Rajasthan at Jodhpur. The petition was filed against the Assistant Commissioner of Central Goods and Service Tax, the Goods and Service Tax Council, and the Goods and Service Tax Network. The petitioner subsequently moved an application seeking permission to withdraw the writ petition. The respondents had no objection to the withdrawal.
Key Issues
The Court had to decide whether to allow the petitioner's application to withdraw the writ petition. The petitioner's argument was that they wished to withdraw the petition. The respondents' position was that they had no objection to the writ petition being dismissed as withdrawn. No specific legal provisions or precedents were discussed in relation to the withdrawal itself, as the matter was resolved by the petitioner's request and the respondents' acquiescence.
AI-generated summary — verify with the full judgment below
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 7361/2019 M/s Bikaner Digitech, Through Its Partner Mr. Pankaj Nagpal Having Principal Place Of Business At First Floor, Nagpal Complex, Opposite Drm Office, Bikaner (Rajasthan) - 334001, Aged About 42 Years. ----Petitioner Versus
Assistant Commissioner Of Central Goods And Service Tax, Gst Range-Xxvi, Bikaner - Rajasthan.
The Goods And Service Tax Council (Gst Council), Office Of The Gst Council Secretariat Through Its Secretary, 5Th Floor, Tower Ii, Jeevan Bharti Building, Janpath Road, Connaught Place, New Delhi-110001. 3. 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. Prateek Gattani For Respondent(s) : Mr. Rajvendra Saraswat HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL HON'BLE MS. JUSTICE REKHA BORANA Order 14/11/2022 Learned counsel for the petitioner submits that he may be permitted to withdraw the writ petition. He has already moved an application for the withdrawal of the writ petition. The other side has no objection if the writ petition is dismissed as withdrawn.
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.