M/S Raj Residency (Rotana Inns PVT. LTD) vs. State Of Kerala
Facts
The petitioner, M/s Raj Residency (Rotana Inns Pvt. Ltd), represented by its Managing Director, filed a writ petition before the High Court of Kerala. The respondents were the State of Kerala and various GST authorities, including the Deputy Commissioner, Joint Commissioner, and Commissioner of the Kerala State Goods and Service Tax Department. The specific tax period(s) and 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. The matter came up for admission before the Court.
Held
The Court noted the submission made by the learned counsel for the petitioner that the writ petition may be dismissed as not pressed. Consequently, the Court ordered the dismissal of the writ petition as not pressed. No specific findings on any substantive GST issues were made, as the petition was withdrawn by the petitioner. The ratio decidendi is that a writ petition can be dismissed as not pressed upon the request of the petitioner. No operative directions were issued beyond the dismissal. No issues were expressly left undecided.
Key Issues
1. Whether the writ petition should be dismissed as not pressed, as submitted by the petitioner's counsel. The petitioner's side argued for dismissal as not pressed. The revenue or State's arguments are not recorded in the judgment.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 11TH DAY OF MARCH 2024 / 21ST PHALGUNA, 1945 WP(C) NO. 29360 OF 2023 PETITIONER/S: M/S RAJ RESIDENCY (ROTANA INNS PVT. LTD) AGED 76 YEARS RAJ BHAVAN, HOUSE NO.745, KIZHAKKANELA P.O, PARIPALLY, KOLLAM DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR T. THYAGARAJAN, PIN - 691574 BY ADVS. BOBBY JOHN S.AJAYGHOSH KUMAR RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DEPUTY COMMISSIONER TAX PAYER SERVICE DIVISION SGST DEPARTMENT, KOLLAM, TAX COMPLEX, ASRAMAM P.O., KOLLAM DISTRICT, PIN - 691002 3 THE JOINT COMMISSIONER, TAX PAYER SERVICE DIVISION SGST DEPARTMENT, KOLLAM, TAX COMPLEX, ASRAMAM P.O., KOLLAM DISTRICT, PIN - 691002 4 THE COMMISSIONER, KERALA STATE GOODS AND SERVICE TAX DEPARTMENT,9TH FLOOR, TAX TOWER, KILLIPPALAM, KARAMANA P.O., THIRUVANANTHAPURAM, PIN - 695002 SMT. THUSHARA JAMES, SR. GOVT. PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.29360/2023 -2- J U D G M E N T Learned coun
The judgment continues below.
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