Prakash Iron And Steel PVT. LTD. vs. Assistant Commissioner

WPT/54/2021HC ChhattisgarhGSTCNR CGHC01010450202108 July 2024Bench: HON'BLE SHRI JUSTICE RAVINDRA KUMAR AGRAWAL1 pages
AI SummaryWithdrawn

Facts

The petitioner, Prakash Iron and Steel Pvt. Ltd., filed a writ petition before the High Court of Chhattisgarh, Bilaspur. The respondents were the Assistant Commissioner, State Tax (SGST), Division-1, Circle-5, Raipur, and the Commissioner SGST, Raipur. The specific tax period and the order or action under challenge, as well as the amount in dispute, are not recorded in the judgment. The procedural history leading to the filing of the writ petition is also not detailed.

Held

The Court held that since the petitioner sought to withdraw the petition with liberty to revive it and the respondents had no objection, the petition should be dismissed as withdrawn. The Court granted the petitioner the liberty to revive the petition if the cause of action survived. The reasoning was based on the consent of both parties to the withdrawal and the petitioner's request for conditional liberty. No specific legal principles were elaborated upon, as the decision was based on the procedural request and lack of opposition.

Key Issues

The Court had to decide whether to allow the petitioner's request to withdraw the writ petition. The petitioner argued that they wished to withdraw the petition with liberty to revive it if the cause of action continued to exist. The respondents did not raise any objection to this request. No specific legal provisions or precedents were cited by either party in the brief order.

AI-generated summary — verify with the full judgment below

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPT No. 54 of 2021 Prakash Iron and Steel Pvt. Ltd. Address 305, Samta Colony, Raipur (Chhattisgarh), Through Authorized Signatory Sh. Om Prakash Singhania, S/o Sh. Satyanarayan Singhania, Aged About 52 Years, R/o 306, Samta Colony, Raipur (Chhattisgarh), District : Raipur, Chhattisgarh ---- Petitioner Versus

1.

Assistant Commissioner, State Tax (SGST), Division-1, Circle- 5, Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2.

Commissioner SGST, Raipur, Chhattisgarh, GST Bhavan, North Block, Sector-19, New Raipur, Atal Nagar, Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Respondent (Cause-title taken from Case Information System) For Petitioners – Mr. Hari Agrawal, Advocate on behalf of Mr. Bhishma Ahluwalia, Advocate. For State/Respondents – Mr. Gary Mukhopadhyay, Govt. Advocate. Hon'ble Shri Justice

Ravindra Kumar Agrawal

Order on Board 09-07-2024

1.

At the outset, learned counsel for the petitioner prays for withdrawal of the present petition with liberty to revive the same if cause of action survives.

2.

No objection from the other side.

3.

Accordingly, the present petition is dismissed as withdrawn wi

The judgment continues below.

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