Basu Dev Dhar vs. The Union Of INDIA

WP(C)/712/2018HC GauhatiGSTCNR GAHC01001806201820 September 2020Bench: HONOURABLE MR. JUSTICE SOUMITRA SAIKIA2 pages
AI SummaryWithdrawn

Held

The Court held that the petitioner's counsel had instructions not to press the matter further and permitted the withdrawal of the writ petition. Consequently, the Court dismissed the writ petition on withdrawal. No findings were made on the merits of any substantive issue, and no operative directions were issued beyond the dismissal of the petition. The Court did not decide any specific question of law or fact related to GST.

Facts

The petitioner, Basu Dev Dhar, filed a writ petition before the Gauhati High Court. The respondents were the Union of India, the Commissioner GST and Central Excise Guwahati, and two Superintendents of Central Goods and Services Tax. The specific tax period(s) 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. The matter came before the Court for hearing.

Key Issues

The Court had to decide whether the writ petition should be proceeded with. The petitioner's counsel submitted that she had instructions not to press the matter further. The revenue or State did not present any arguments as the matter was withdrawn by the petitioner. No specific legal provisions or precedents were discussed in relation to the issues raised, as the petition was withdrawn before substantive arguments were made.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Page No.# 1/2 GAHC010018062018 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C) 712/2018 1:BASU DEV DHAR S/O- LATE P.L. DHAR, R/O- NAHORBARI, PO- MAZBAT VERSUS 1:THE UNION OF INDIA REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF FINANCE, DEPT. OF REVENUE, NORTH BLOCK, NEW DELHI 2:THE COMMISSIONER GST AND CENTRAL EXCISE GUWAHATI GS ROAD GUWAHATI 3:THE SUPERINTENDENT DHEKIAJULI RANGE OFFICE OF THE SUPERINTENDENT TEZPUR RANGE-II CENTRAL GOODS AND SERVICE TAX LB ROAD PO- TEZPUR 4:THE SUPERINTENDENT TEZPUR-II RANGE OFFICE OF THE SUPERINTENDENT TEZPUR RANGE-II CENTRAL GOODS AND SERVICE TAX L.B. ROAD TEZPU Advocate for the Petitioner : MS. M L GOPE Advocate for the Respondent : MR. S C KEYAL Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

Date : 21-09-2020 Ms. N. Hawelia, learned counsel appearing for the petitioner submits that she has instruction not to press this matter further. Therefore, the same is permitted to be withdrawn

The judgment continues below.

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