Om Sai Wire Insdustries vs. Assistant Commissioner

WPT/216/2021HC ChhattisgarhGSTCNR CGHC01027293202118 February 2025Bench: HON'BLE SHRI JUSTICE DEEPAK KUMAR TIWARI2 pages
AI SummaryWithdrawn

Facts

The petitioner, Om Sai Wire Industries, through its proprietor Mr. Praveen Kumar Agrawal, filed a writ petition before the High Court of Chhattisgarh at Bilaspur. The respondents included the Assistant Commissioner, State Tax Circle-5 Raipur, Chhattisgarh; the Principal Commissioner, CGST and Central Excise, Raipur; and the State of Chhattisgarh through its Principal Secretary, Revenue Department. The specific tax period(s) and the amount in dispute are not recorded in the judgment. The procedural history leading to this writ petition is also not detailed.

Held

The Court held that the writ petition could be dismissed as withdrawn. The reasoning was based on the petitioner's explicit request to withdraw the petition and the lack of opposition from the respondents. The operative direction was to dismiss the writ petition as withdrawn. No specific issues regarding GST law were decided, and therefore, no ratio decidendi for future cases on GST matters can be extracted. The Court did not leave any issue undecided as the petition was withdrawn.

Key Issues

The Court had to decide whether to permit the petitioner to withdraw the writ petition. The petitioner's counsel sought permission to withdraw the petition. The counsel for the respondents stated that they would not oppose the prayer for withdrawal. No specific legal provisions or precedents were discussed by either side as the matter was resolved by withdrawal.

AI-generated summary — verify with the full judgment below

1

2025:CGHC:8562

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPT No. 216 of 2021 • Om Sai Wire Industries H.No.3 Harshit Nagar Hirapur Road Mahoba Bazar Raipur Chhattisgarh Through Its Proprietor Mr. Praveen Kumar Agrawal.

... Petitioner. versus 1 - Assistant Commissioner State Tax Circle-5 Raipur. Chhattisgarh. 2 - Principal Commissioner, Cgst And Central Excise, Commissionerate, Gst Bhawan

Dhamtari

Road

Tikarapara,

Raipur

Chhattisgarh. 3 - State Of Chhattisgarh Through Its Principal Secretary Revenue Department Mantralaya, Mahanadi Bhavan Naya Raipur, Chhattisgarh.

... Respondent(s) For Petitioner : Shri Mayank Goyal appears on behalf of Shri Rahul Tamaskar ; Shri Palash Soni through VC, Shri Hari Agrawal, Advocates. For Respective Respondent Shri Manish Sharma, Advocate. For Respondent No.2 Shri Ashutosh Singh Kachhawaha, Advocate. For State : Ms. Anuradha Jain, PL.

Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 19/02/2025

1.

At the outset, learned counsel for the petitioner seeks permission of this Court to withdraw this petition. AVINASH

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.