M/S. Sponge Enterprise Private Limited vs. Union Of INDIA

WPT/224/2023HC ChhattisgarhGSTCNR CGHC01030430202302 July 2024Bench: HON'BLE SHRI JUSTICE RAVINDRA KUMAR AGRAWAL2 pages
AI SummaryDismissed

Facts

The petitioner, M/s. Sponge Enterprise Private Limited, through its Authorized Representative Manoj Dash, filed a writ petition before the High Court of Chhattisgarh, Bilaspur. The respondents were the Union of India, the Department of Central Board of Indirect Taxes and Customs, and the Office of the Chief Commissioner of Customs and Central Tax. The specific tax period and the order or action under challenge, as well as the authority that passed it, are not recorded in the provided text. The amount in dispute is also not stated. The procedural history leading to the High Court's involvement is not detailed.

Held

The Court held that the petitioner's request to withdraw the writ petition with liberty to approach the appropriate forum should be granted. The respondents, representing the Union of India and the GST authorities, did not object to this request. Consequently, the Court granted the permission as prayed for by the petitioner. The Court's decision was to dismiss the present petition as withdrawn, with the liberty granted to the petitioner to pursue the matter before the correct legal avenue. No specific findings were made on the merits of any underlying GST dispute, as the petition was disposed of on procedural grounds.

Key Issues

The primary issue before the Court was whether to grant the petitioner's request to withdraw the writ petition. The petitioner, through its counsel, sought permission to withdraw the petition with the liberty to approach the appropriate forum. The respondents, represented by their counsel, stated they had no objection to this request. The Court had to decide whether to grant this permission and dismiss the petition accordingly. No specific legal provisions or precedents were argued by either side as the matter was resolved by the petitioner's request for withdrawal and the respondents' lack of objection.

AI-generated summary — verify with the full judgment below

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPT No. 224 of 2023

1.

M/s. Sponge Enterprise Private Limited Through Its Authorised Representative Manoj Dash, Office No.602, 6th Floor, Offizo Magneto The Mall, Labhandi, G.E Road, Raipur, Chhattisgarh 492010. ---- Petitioner Versus

1.

Union of India Through Its Secretary, Department Of Revenue, Ministry Of Finance, North Block, New Delhi 110011, India.

2.

Department Of Central Board Of Indirect Taxes And Customs Through Its Chairman, Ministry Of Finance, North Block, New Delhi 110011, India.

3.

The Office Of The Chief Commissioner Of Customs And Central Tax Through Its Chief Commissioner Of Customs And Central Tax, Visakhapatnam Zone, Gst Bhavan, Port Area, Visakhapatnam - 530035. ---- Respondents For Petitioner – Mr. Ayush Singh Solanki, Advocate. For respondent Nos.2 & 3 – Mr. Maneesh Sharma, Advocate. Hon'ble Shri Justice

Ravindra Kumar Agrawal

Order on Board 03-07-2024

1.

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

-2- with liberty to approach before the appropriate forum.

2.

Learned counsel for the respondent Nos.2 & 3 submits no objection. 3

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.