M/S Kaypee Metals And Alloys PVT. LTD vs. 1. 1. The Deputy Commissioner -Ii (Assessment), Special Circle, Kollam

WP(C)/17440/2022HC KeralaGSTCNR KLHC01035348202207 March 2024Bench: HONOURABLE MR. JUSTICE GOPINATH P.3 pages
AI SummaryDismissed

Facts

The petitioner, M/s Kaypee Metals and Alloys Pvt. Ltd., represented by its Managing Director, filed a writ petition before the High Court of Kerala. The respondents were the Deputy Commissioner-II (Assessment), SGST Department, Kollam; the Commissioner, Kerala State Goods and Service Tax Department; and the Deputy Commissioner of State Tax, Kollam. The writ petition was filed challenging an order or action by the revenue authorities. 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.

Held

The Court held that the writ petition was not pressed by the petitioner. Consequently, the Court dismissed the writ petition as not pressed. No specific findings on any substantive legal issues were made, as the case did not proceed to an adjudication on merits. The reasoning was solely based on the petitioner's counsel's submission that the petition was not being pursued. The operative direction was the dismissal of the writ petition.

Key Issues

The Court had to decide whether the writ petition, as presented, should be entertained. The petitioner's counsel submitted that the writ petition was not pressed. The revenue did not present any arguments as the matter was dismissed as not pressed. No specific questions of law or fact were framed or argued by either party, as the petition was withdrawn by the petitioner.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THUR AY, THE 7TH DAY OF MARCH 2024 / 17TH PHALGUNA, 1945 WP(C) NO. 17440 OF 2022 PETITIONER/S: M/S KAYPEE METALS AND ALLOYS PVT. LTD, PARRY & CO JUNCTION, MAIN ROAD, KOLLAM KOLLAM DISTRICT, PIN-691 001, REPRESENTED BY ITS MANAGING DIRECTOR, K.P.RAMACHANDRAN NAIR BY ADVS. BOBBY JOHN S.AJAYGHOSH KUMAR AJIT KUMAR V.K. RESPONDENT/S: 1 THE DEPUTY COMMISSIONER -II (ASSESSMENT), SPECIAL CIRCLE, KOLLAM SGST DEPARTMENT, TAX COMPLEX, BAPUJI NAGAR, ASRAMAM P.O., KOLLAM PIN – 691002 2 THE COMMISSIONER, KERALA STATE GOODS AND SERVICE TAX DEPARTMENT, 9TH FLOOR, TAX TOWER, KILLIPPALAM, KARAMANA P.O., THIRUVANANTHAPURAM, PIN – 695002 3 THE DEPUTY COMMISSIONER OF STATE TAX, KOLLAM SGST DEPARTMENT, TAX COMPLEX, BAPUJI NAGAR, ASRAMAM P.O., KOLLAM PIN – 691002 BY SMT.JASMINE M.M., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T It is submitted by the learned counsel for the petitioner that this writ petition is not pressed. Accor

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