M/S.Dcw Limited vs. The Commissioner Of GST &
Facts
These three writ petitions were filed by M/s. DCW Limited against orders passed by the Commissioner of GST & Central Excise (Appeals) and the Assistant Commissioner of Central Excise and Service Tax. The petitioner sought to quash the appellate orders, which confirmed the original orders, and requested the appellate authority to take the appeals on record and decide them on merits. The orders under challenge were Appeal No. 433/2018 dated 07.12.2018, Appeal No. 450/2018 dated 14.12.2018, and Appeal No. 451/2018 dated 14.12.2018. The original orders were dated 25.07.2016, 28.03.2016, and 19.07.2016 respectively. The petitioner's representative circulated a letter dated 28.02.2020 seeking permission to withdraw the writ petitions.
Held
The Court allowed the petitioner's request to withdraw the writ petitions. The reasoning provided is that the learned counsel appearing for the writ petitioner circulated a letter seeking permission to withdraw these writ petitions, and an endorsement to that effect was made. Consequently, the Court dismissed the writ petitions as withdrawn. No costs were awarded, and the connected miscellaneous petitions were closed.
Key Issues
1. Whether the petitioner should be permitted to withdraw the writ petitions. (Implicit question arising from the petitioner's request) Petitioner's argument: The petitioner, through their counsel, sought permission to withdraw the writ petitions, as indicated by a circulated letter dated 28.02.2020 and an endorsement made by the counsel. No arguments were recorded for the respondents.
AI-generated summary — verify with the full judgment below
W.P(MD)Nos.862, 863 and 864 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2020 CORAM: THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD)Nos.862, 863 and 864 of 2019 and W.M.P(MD).Nos.694, 695, 696, 697, 698 and 699 of 2020
W.P(MD)No.862 of 2019 M/s.DCW Limited Sahupuram 628 229, Tuticorin District rep.,by its General Manager (Legal & Indirect Taxation) M.Thyaga Moorthy .. Petitioner Vs. 1.The Commissioner of GST & Central Excise (Appeals), Coimbatore Circuit Office-Madurai 4, Lal Bahadur Shashtri Marg, CR Buildings, Madurai -2. 2.The Assistant Commissioner of Central Excise and Service Tax LTU, Mumbai Now Juri iction was transferred to The Assistant Commissioner of GST and Central Excise SIPCOT Industrial Complex, Mellavittan, Tuticorin-8. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the order in Appeal No.433/2018 dated 07.12.2018 passed by the first respondent by confirming the order of the second respondent in order in original No.AC/SA/DCW/07/2016-17 dated 25.07.2016 and quash the
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Madras High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.