M/S. G. C. Jain vs. State Of Chhattisgarh

WPT/77/2020HC ChhattisgarhGSTCNR CGHC01014732202007 January 2024Bench: HON'BLE SHRI JUSTICE SANJAY AGRAWAL,HON'BLE SHRI JUSTICE RADHAKISHAN AGRAWAL1 pages
AI SummaryDismissed

Facts

The petitioner, M/s. G. C. Jain, through Trihil Jain, filed a writ petition before the High Court of Chhattisgarh, Bilaspur. The petition was filed against the State of Chhattisgarh and various authorities within the Commercial Tax and GST Department. The specific order or action under challenge and the tax period(s) are not detailed in the provided text. The procedural history relevant to the final order is that an application for withdrawal of the petition (I.A. No. 5/2023) was filed by the petitioner. The amount in dispute is not stated.

Held

The Court considered the application for withdrawal filed by the petitioner. The application was allowed by the Court. Consequently, the writ petition was dismissed as withdrawn. The Court did not delve into the merits of the original writ petition or the underlying GST dispute. The reasoning for allowing the withdrawal is based on the petitioner's request and the absence of any opposition from the respondents. The ratio decidendi is that a party has the right to withdraw their case, subject to the Court's permission, especially when no prejudice is shown to the opposing party. The operative direction was the dismissal of the petition as withdrawn.

Key Issues

The primary issue before the Court was whether the petitioner's application for withdrawal of the writ petition should be allowed. The petitioner, through their counsel Mr. Shishir Dixit, sought to withdraw the petition. The respondents, represented by Ms. Ashtha Shukla, GA for the State, did not raise any objection to the withdrawal application. The Court had to decide whether to permit the withdrawal of the writ petition, which was filed against the State and its GST authorities.

AI-generated summary — verify with the full judgment below

1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPT No. 77 of 2020 M/s. G. C. Jain T. P. Nagar, Korba Chhattisgarh Through Trihil Jain S/o Late Shri Vinod Jain, Aged About 34 Years R/o Parshva Apartment, Choubey Colony, Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Petitioner Versus

1.

State Of Chhattisgarh Through The Principal Secretary, Commercial Tax And Gst Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2.

Commercial Tax And Gst Department Through Its Commissioner, Head Office, Commercial Tax And Gst Department, North Block, Sector-19, Atal Nagar, Raipur Chhattisgarh, District : Raipur, Chhattisgarh

3.

The Joint Commissioner Commercial Tax And Gst Department Division- 2, Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh

4.

The Deputy Commissioner Commercial Tax And Gst Department, Division-2, Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh

5.

The Assistant Commissioner Commercial Tax And Gst Department, Korba Circle, Korba Chhattisgarh, District : Korba, Chhattisgarh ---- Respondents For Petitioner: :Mr. Shishir Dixit, counsel for the petitioner. For Respondent:

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.