Acc Limited vs. Deputy Commissioner Of State Tax

WP(C)/10447/2021HC KeralaGSTCNR KLHC01028739202112 November 2021Bench: HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS2 pages
For Petitioner: A.KUMAR, SMTG.MINI(1748)
AI SummaryDismissed

Facts

The petitioner, ACC Limited, represented by its Manager Finance, filed a writ petition before the High Court of Kerala at Ernakulam. The respondent was the Deputy Commissioner of State Tax, Special Circle, SGST Department. The writ petition was filed challenging an order or action by the respondent authority. The specific tax period 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 had become infructuous. This decision was based solely on the submission made by the learned counsel for the petitioner. The Court did not delve into the merits of the case or the underlying dispute between the petitioner and the respondent. The reasoning is that once a party to a legal proceeding asserts that the matter has become infructuous, the court typically accepts this submission and disposes of the case accordingly, without further adjudication. The operative direction was to dismiss the writ petition as infructuous. No issues were expressly left undecided.

Key Issues

The primary issue before the Court was whether the writ petition had become infructuous. The petitioner's counsel submitted that the writ petition had become infructuous. The respondent's arguments are not recorded in the judgment. The question of law, therefore, was whether the Court should proceed with hearing the merits of the case or dismiss it as infructuous based on the petitioner's submission.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 12TH DAY OF NOVEMBER 2021 / 21ST KARTHIKA, 1943 WP(C) NO. 10447 OF 2021 PETITIONER: ACC LIMITED 1/1/, SHANKARALAYAM, THIRUVANGAD, THALASSERY, KANNUR – 670 103, REPRESENTED BY ITS MANAGER FINANCE, MR.SARAVANAN N. BY ADVS. A.KUMAR SMTG.MINI(1748) RESPONDENT: DEPUTY COMMISSIONER OF STATE TAX SPECIAL CIRCLE, SGST DEPARTMENT, GROUND FLOOR, ADDITIONAL CIVIL STATION, KANNUR – 670002. BY ADV.SMT.M.M.JASMINE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 10447 OF 2021 2 BECHU KURIAN THOMAS, J ========================== W.P.(C) No.10447 of 2021 --------------------------------------- Dated this the 12th day of November, 2021 JUDGMENT The learned counsel for the petitioner submits that the writ petition has become infructuous. Therefore, the writ petition is dismissed as infructuous. BECHU KURIAN THOMAS, JUDGE AMV/22/11//2021

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.