M/S Anshul Enterprises vs. State Of Chhattisgarh

WPT/92/2024HC ChhattisgarhGSTCNR CGHC01019122202423 June 2024Bench: HON'BLE SHRI JUSTICE SACHIN SINGH RAJPUT1 pages
AI SummaryDismissed

Facts

The petitioner, M/s Anshul Enterprises, through its proprietor Richa Agrawal, filed a writ petition before the High Court of Chhattisgarh, Bilaspur. The respondents were the State of Chhattisgarh through the Secretary, Department of Commercial Tax-GST, the Additional Appellate Deputy Commissioner Commercial Tax, and the Additional Commercial Tax Officer. The petitioner sought permission to withdraw the instant writ petition. The respondents did not oppose this request.

Held

The Court granted the petitioner's request to withdraw the writ petition. Since the respondents did not oppose the withdrawal, the Court proceeded to allow it. The operative direction was to dismiss the petition as withdrawn. The Court did not delve into the substantive merits of any potential GST-related dispute, as the case was concluded based on the petitioner's decision to withdraw. No issues were expressly left undecided, as the matter was resolved by the withdrawal.

Key Issues

1. Whether the petitioner should be granted permission to withdraw the writ petition? (Procedural issue) Petitioner's Argument: The petitioner, through their counsel, sought permission to withdraw the writ petition. No specific legal arguments were presented in support of this request, as it was a procedural matter concerning the petitioner's decision to discontinue the legal action. Revenue's Argument: The respondents, represented by the Government Advocate, did not oppose the petitioner's request for withdrawal. Therefore, no specific arguments were put forth by the revenue on this issue.

AI-generated summary — verify with the full judgment below

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR

Writ Petition (T) No.92 of 2024

1.

M/s Anshul Enterprises Through Proprietor Richa Agrawal, aged about 39 years, W/o Bhanwarlal Agrawal, Ram Nagar, Kota Road, District- Raipur, Chhattisgarh. ---- Petitioner Versus

1.

State of Chhattisgarh Through Secretary, Department of Commercial Tax-GST, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Chhattisgarh. - 492001

2.

Additional Appellate Deputy Commissioner Commercial Tax, Division- 1, Commercial Tax And GST Bhawan, North Block, Sector 19, Nava Raipur, Atal Nagar, Chhattisgarh.

3.

Additional Commercial Tax Officer, Commercial Tax And GST Bhawan, Circle-5, Raipur, Chhattisgarh. ---- Respondents For Petitioner : Ms. K. Tripti Rao, Advocate For Respondents : Mr. Gary Mukhopadhyay, G.A. Hon'ble Shri Justice Sachin Singh Rajput Order On Board 24/06/2024

1.

Learned counsel appearing for the petitioner submits that the petitioner seeks permission to withdraw the instant writ petition.

2.

Not opposed.

3.

Accordingly, the instant petition is dismissed as withdrawn. (Sachin Singh Rajput) Judge Abhigya.S

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.