The Commissioner vs. The Assistant Commissioner

WP(MD)/2242/2019HC MadrasGSTCNR HCMD01051779201911 September 2020Bench: HONOURABLE MR JUSTICE G.R.SWAMINATHAN2 pages
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Facts

The petitioner, Kumbakonam Municipality, filed a writ petition before the Madurai Bench of the Madras High Court. The petition challenged an order dated January 7, 2019, issued by the Assistant Commissioner of Central GST & Central Excise. The respondents included the Assistant Commissioner and the Superintendent of GST & Central Excise, as well as the Branch Manager of City Union Bank. The petitioner sought to quash the impugned order. The writ petition was filed under Article 226 of the Constitution of India.

Held

The Court granted the petitioner's request to withdraw the writ petition. Consequently, the writ petition was dismissed as withdrawn. No costs were imposed. The connected miscellaneous petitions were also closed. The judgment does not delve into the merits of the impugned order or the arguments that might have been presented had the petition not been withdrawn. Therefore, no specific findings on the issues or ratio decidendi are recorded.

Key Issues

1. Whether the impugned order dated January 7, 2019, issued by the Assistant Commissioner of Central GST & Central Excise is liable to be quashed? The petitioner sought to challenge the order passed by the revenue authorities. The petitioner's counsel sought permission to withdraw the writ petition. The revenue authorities were represented by their standing counsel. The third respondent, the bank, was represented by its counsel. No specific arguments from either side regarding the merits of the case are recorded, as the petitioner sought to withdraw the petition.

AI-generated summary — verify with the full judgment below

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.09.2020 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.1774 and 1775 of 2019 The Commissioner, Kumbakonam Municipality, Kumbakonam, Thanjavur District.

... Petitioner Vs.

1.

The Assistant Commissioner, O/o. The Assistant of Central GST & Central Excise, GST & Central Excise Division, Ponnagar, Medical College Road, Thanjavur – 613 007. 2. The Superintendent of GST & Central Excise, O/o. The Superintendent of Central GST & Central Excise, Kumbakonam Range, Thanjavur District.

3.

The Branch Manager, City Union Bank, Kumbakonam Main Branch, 149, T.S.R. (Big) Street, Kumbakonam – 612 001, Thanjavur District. ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned order issued by the 1st respondent in C.No.IV.16/34/2018 STC dated 07.01.2019 and quash the same. For Petitioner

: Mr.M.Rajarajan For Respondents : Mr.R.Vijaya Karthikeyan, Standing Counsel for Customs for R1 & R2

Mr.Pala.R

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