M/S Cosmic Builders Through Its Partner Mrs Monika Lamba vs. The Union Of INDIA Through The Secretary Ministry Of Finance

WPC/3680/2024HC JharkhandGSTCNR JHHC01020645202427 January 2025Bench: HON'BLE THE CHIEF JUSTICE,HON'BLE MR. JUSTICE DEEPAK ROSHAN1 pages
AI SummaryDismissed

Facts

The petitioner, M/s Cosmic Builders, a partnership firm, filed a writ petition before the Jharkhand High Court. The respondents were the Union of India, the Principal Commissioner of Central Goods and Services Tax and Central Excise, and the Superintendent of Central Goods and Services Tax and Central Excise. The specific tax period, the order or action under challenge, the authority that passed it, and the amount in dispute are not recorded in the provided judgment. The procedural history is limited to the filing of the writ petition and the subsequent proceedings before the High Court.

Held

The Court granted the petitioner's request to withdraw the writ petition. The Court held that the petitioner should be granted liberty to pursue alternative remedies. Consequently, the writ petition was dismissed as withdrawn. No specific findings were made on any substantive GST-related issues, as the matter was disposed of on the petitioner's request for withdrawal. The Court did not leave any specific GST issues undecided, as the petition was withdrawn before any substantive adjudication.

Key Issues

The Court was not required to decide any substantive issues of law or fact. The primary issue before the Court was whether to grant the petitioner's request to withdraw the writ petition. The petitioner argued that they wished to withdraw the petition to pursue an alternative remedy. The respondents, through their counsel, accepted notice. No arguments were recorded for the respondents regarding the merits of the case or the petitioner's request for withdrawal.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(T) No. 3680 of 2024 M/s Cosmic Builders, a Partnership Firm having its place of business at 38 B, Main Road, Chas, P.O & P.S- Chas, District- Bokaro 827013, through its partner, Mrs. Monika Lamba, aged about 63- years, wife of late Shri PK Lamba, resident of 38 B, Main Road, Chas, P.O. and P.S. - Chas, District - Bokaro (Jharkhand), PIN - 827013. ... ... ... ... ... ... Petitioner

Versus

1.

The Union of India through the Secretary, Ministry of Finance, 3rd Floor, Jeevan Deep Building, Sansad Marg, P.O & P.S- Sansad Marg, New Delhi-110001. 2. The Principal Commissioner of Central Goods and Services Tax and Central Excise, having its office at Central Revenue Building, 5A, Main Road, P.O & P.S- Chutia, District- Ranchi-834001. 3. The Superintendent, Central Goods and Services Tax and Central Excise, Chas Range-II, Division-I, Bokaro, having its office at Stadium Road, Sector-IV, Bokaro Steel City, P.O & P.S- Bokaro, District- Bokaro-827004. … … ... Respondents

--------- CORAM: HON’BLE THE CHIEF JUSTICE

HON’BLE MR. JUSTICE DEEPAK ROSHAN

The judgment continues below.

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