M/S.Bharti Airtel Limited vs. The Commissioner

WP(C)/12490/2019HC KeralaGSTCNR KLHC01031378201923 August 2022Bench: HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN2 pages
For Respondent: SMT. JASMINE M.M -GP
AI SummaryRemanded

Facts

M/s. Bharti Airtel Limited, represented by its authorized signatory, filed a writ petition before the High Court of Kerala. The respondents included the Commissioner of Commercial Taxes, an Intelligence Officer, the State Tax Officer, and HDFC Bank. The specific tax period and the exact order or action under challenge are not detailed in the provided judgment excerpt. The amount in dispute is also not mentioned. The procedural history leading to this writ petition is not elaborated upon in the excerpt.

Held

The Court accepted the submission made by the learned counsel for the petitioner that the matter had become infructuous. Based on this submission, the Court decided to close the writ petition. The reasoning for the matter becoming infructuous is not provided in the judgment excerpt. The ratio decidendi would be that a writ petition can be closed as infructuous if the petitioner's counsel makes such a submission and it is accepted by the Court. No specific operative directions were issued beyond closing the petition.

Key Issues

The Court had to decide whether the writ petition had become infructuous. The petitioner's counsel submitted that the matter had indeed become infructuous. The judgment does not record any arguments presented by the revenue or State respondents on this issue. No specific provisions of the GST Act or Rules were explicitly discussed in relation to the determination of the issues.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUE AY, THE 23RD DAY OF AUGUST 2022 / 1ST BHADRA, 1944 WP(C) NO. 12490 OF 2019 PETITIONER/S: M/S.BHARTI AIRTEL LIMITED, KUNDANNOOR JUNCTION, MARADU P.O, COCHIN, REPRESENTED BY ITS AUTHORIZED SIGNATORY, MRS.SHEENA SAMUEL. BY ADVS. A.KUMAR SRI.P.J.ANILKUMAR SMTG.MINI(1748) SRI.P.S.SREE PRASAD SHRI.JOB ABRAHAM SRI.AJAY V.ANAND RESPONDENT/S: 1 THE COMMISSIONER, COMMERCIAL TAXES, THIRUVANANTHAPURAM-695002. 2 THE INTELLIGENCE OFFICER, SQUAD NO.1, COMMERCIAL TAXES, MATTANCHERRY AT ALUVA - 683 101. 3 THE MANAGER, HDFC BANK, E-13/29, 2ND FLOOR, HARSHA BHAVAN, MIDDLE CIRCLE, CONNAUGHT PLACE, NEW DELHI -110001. 4 THE STATE TAX OFFICER, SGST DEPARTMENT, SQUAD NO.1, MATTANCHERRY AT ALUVA 683 101. OTHER PRESENT: SMT. JASMINE M.M -GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.12490/2019 ..2.. JUDGMENT The learned counsel for the petitioner submits that the matter has become infructuous. Recording the submission of the learned counsel, the writ petition is closed as infructuous. SHOBA ANNAMMA EAPEN J

The judgment continues below.

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