Shyam Ispat (INDIA) PVT. LTD. vs. Commissioner SGST

WPT/55/2021HC ChhattisgarhGSTCNR CGHC01008244202114 June 2021Bench: HON'BLE SHRI JUSTICE GOUTAM BHADURI1 pages
AI SummaryDismissed

Facts

The petitioner, Shyam Ispat (India) Pvt. Ltd., filed a writ petition before the High Court of Chhattisgarh, Bilaspur. The petition was against the Commissioner SGST, Assistant Commissioner SGST, and Joint Commissioner (Appeals) SGST. The petitioner's authorized signatory is Sh. Sanjay Agarwal. The specific tax period(s) and the exact order or action under challenge, along with the authority that passed it, are not detailed in the provided order sheet. The amount in dispute is also not mentioned. The procedural history is limited to the filing of the writ petition.

Held

The Court allowed the petitioner's prayer to withdraw the writ petition. The reasoning was based on the petitioner's explicit request to file separate, better-constituted petitions for each assessment year. The Court granted this liberty. Consequently, the writ petition was dismissed as withdrawn with the aforesaid liberty. No specific findings were made on the merits of any GST-related dispute, as the case was disposed of on a procedural ground. The Court did not leave any GST-related issues undecided, as the matter was withdrawn by the petitioner.

Key Issues

The Court had to decide whether to grant the petitioner's prayer to withdraw the writ petition. The petitioner argued that they sought permission to withdraw the writ petition with the liberty to file better-constituted separate petitions for each assessment year. The respondents (State) did not record any specific arguments against this prayer in the provided order sheet; the Deputy General for the State was present.

AI-generated summary — verify with the full judgment below

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet WPT No. 55 of 2021 • Shyam Ispat (India) Pvt. Ltd. Singhal House 10, Sector 01, Shankar Nagar Raipur Chhattisgarh Through Authorized Signatory Sh. Sanjay Agarwal S/o Shri Parmeshwar Das Agarwal, Aged 53 Years, House No. 4, Sector Gitanjali Nagar, Shankar Nagar , District Raipur Chhattisgarh ---- Petitioner Versus

1.

Commissioner Sgst Commercial Tax And Sgst Office, Atal Nagar New Raipur Chhattisgarh

2.

Assistant Commissioner Sgst Division Raigarh 02, Bilaspur 2, Kelo Vihar Raigarh Chhattisgarh.,

3.

Joint Commissioner (Appeals) Sgst , Near Hi Tech Bus Stand Main Road Bilaspur High Court , Bilaspur Chhattisgarh. ---- Respondents 15.06.2021 Vishakha Mr. Bhishma Ahluwalia, Counsel for the petitioner. Mr. Siddharth Dubey, Dy. G.A. for the State. Learned counsel for the petitioner seeks permission of this Court to withdraw this writ petition with liberty to file better constituted separate petitions for each assessment year. Prayer is allowed and he is permitted to withdraw this writ petition. Accordingly, the writ petition stands dismissed as withdrawn with the aforesaid liberty. (Goutam Bhaduri)

Judge

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.