M/S Sulabh International Social Service Organisation vs. Union Of INDIA

WPC/1398/2019HC ChhattisgarhGSTCNR CGHC01012010201909 April 2019Bench: HON'BLE SHRI JUSTICE GOUTAM BHADURI1 pages
AI SummaryWithdrawn

Held

The Court held that the petitioner's request to withdraw the writ petition with liberty to file a fresh petition should be granted. As prayed by the learned counsel for the petitioner, the writ petition was dismissed as withdrawn with the aforesaid liberty. The reasoning is based solely on the petitioner's request and the court's compliance with that request. No substantive issues regarding GST law or the merits of any dispute were decided. The operative direction was the dismissal of the writ petition as withdrawn, granting liberty to the petitioner to file a fresh petition.

Facts

The petitioner, M/s Sulabh International Social Service Organisation, filed a writ petition (WPC No. 1398 of 2019) before the High Court of Chhattisgarh, Bilaspur. The respondents were various authorities of the Union of India and the State. The petition was filed challenging an order or action by the revenue authorities, though the specific order, tax period, amount in dispute, and the authority that passed the order are not detailed in the provided text. The procedural history is limited to the filing of the writ petition and the subsequent hearing.

Key Issues

1. Whether the petitioner is entitled to withdraw the writ petition with liberty to file a fresh petition? This issue arises from the petitioner's request to withdraw the current petition. The petitioner argued for this liberty. The respondents' arguments on this specific issue are not recorded in the provided text. The court had to decide whether to grant the petitioner's request for withdrawal with liberty to refile.

AI-generated summary — verify with the full judgment below

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet WPC No. 1398 of 2019 M/s Sulabh International Social Service Organisation (Registered Society Under the relevant provisions Of Society Registration Act, 1860) 147, Adarsh Chowk, Sundar Nagar, Raipur Chhattisgarh. - 492013 ---- Petitioner Versus

1.

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

2.

The Additional Commissioner (Prev.) The Office Of The Principal Commissioner Of Central Tax And Central Excise, Ministry Of Finance, Government Of India. Central GST Building, Takrapara, Dhamtari Road, Raipur, Chhattisgarh.

3.

The Assistant Commissioner (Prev.) The Office Of The Principal Commissioner Of Central Tax And Central Excise, Ministry Of Finance, Government Of India Central GST Building, Takrapara, Dhamtari Road, Raipur, Chhattisgarh.

4.

The Superintendent (Prev.) The Office Of The Principal Commissioner Of Central Tax And Central Excise, Ministry Of Finance, Government Of India Central GST Building, Takrapara, Dhamtari Road, Raipur, Chhattisgarh. ---- Respondents 10/04/2019 Jyoti Shri Kshitij Sharma, C

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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.