M/S. Am Distributors vs. The Assistant Commissioner
Facts
The appellant, M/s. AM Distributors, represented by its Managing Partner, filed a Writ Appeal before the High Court of Kerala challenging a judgment dated January 11, 2019, in WP(C) 19656/2018. The respondents were the Assistant Commissioner, SGST Department, the Commissioner, Department of Kerala State Goods and Service Tax, the Secretary, Taxes Department, Government of Kerala, and the Central Board of Excise Customs. The specific tax period and the amount in dispute were not detailed in the provided text. The procedural history leading to the writ appeal is not elaborated.
Held
The Court held that the appellant was not intending to pursue the appeal further. Consequently, the Writ Appeal was dismissed as not pressed. No findings were made on the merits of any GST-related issues, as the appeal was disposed of on the appellant's submission. The Court did not delve into any specific provisions of the GST law or any prior orders. The operative direction was solely to dismiss the appeal as not pressed.
Key Issues
The primary issue before the Court was whether the appellant intended to pursue the Writ Appeal further. The appellant's counsel submitted that the appellant was not intending to pursue the appeal. The Revenue's contentions, if any, were not recorded. No specific provisions of the CGST/SGST Act or Rules were explicitly discussed in relation to the arguments presented.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI WEDNE AY, THE 29TH DAY OF MAY 2019 / 8TH JYAISHTA, 1941 WA.No. 1040 of 2019 AGAINST THE JUDGMENT DATED 11-01-2019 IN WP(C) 19656/2018 of HIGHCOURT APPELLANT/PETITIONER: M/S. AM DISTRIBUTORS, DOOR NO.CC 35/026, D1 AND D2, FIRST FLOOR, BHASKER VILLA, PALARIVATTOM, COCHIN- 682025, REPRESENTED BY MANAGING PARTNER, MR.MUHAMMED BASHEER. BY ADV. SMT.K.LATHA RESPONDENTS/RESPONDENTS: 1 THE ASSISTANT COMMISSIONER, SGST DEPARTMENT, COMMERCIAL TAXES OFFICE, THEVARA, ERNAKULAM- 682015. 2 THE COMMISSIONER, DEPARTMENT OF KERALA STATE GOODS AND SERVICE TAX, 9TH FLOOR, TAX TOWER, KILLIPALAM, KARAMANA, THIRUVANANTHAPURAM, KERALA-695002. 3 SECRETARY, TAXES DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM- 695001. 4 CENTRAL BOARD OF EXCISE CUSTOMS, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, NEW DELHI-110001. BY ADV. SRI.B.RAJESH (KOTTAYAM) THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 29.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
WA No.1040/2019 -2- C.K. ABDUL REHIM, J. & R. NARAYANA P
The judgment continues below.
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