Ajay Kumar Agarwal vs. Union Of INDIA Secretary Through The Ministry Of Finance Deptt Of Revenue

WPC/891/2019HC JharkhandGSTCNR JHHC01005667201923 March 2020Bench: HON'BLE THE CHIEF JUSTICE,HON'BLE MR.JUSTICE SUJIT NARAYAN PRASAD1 pages

AI SummaryWithdrawn

Facts

The petitioner, Ajay Kumar Agarwal, proprietor of M/s Shree Krishna Traders, filed a writ petition before the Jharkhand High Court. The petitioner wished to avail a Dispute Resolution Scheme introduced by the Central Government. However, it was represented to the Court that the scheme could not be availed if a litigation was pending. Consequently, the petitioner sought permission to withdraw the writ petition to pursue the Dispute Resolution Scheme. The Court granted leave to withdraw the petition.

Held

The Court granted leave to the petitioner to withdraw the writ petition. The reasoning was based on the petitioner's submission that withdrawal was necessary to avail the Dispute Resolution Scheme. The Court did not decide on the merits of the case or the applicability of the scheme itself. The operative direction was to dismiss the writ petition as withdrawn, with liberty granted to the petitioner to pursue the Dispute Resolution Scheme. The interlocutory application filed in the writ petition was disposed of as a consequence of the withdrawal.

Key Issues

1. Whether the petitioner can avail the Dispute Resolution Scheme while a writ petition is pending before the High Court? The petitioner argued that to avail the Dispute Resolution Scheme, the pending writ petition would have to be withdrawn, as the scheme is not accessible in ongoing litigations. The respondents' arguments are not recorded in the judgment.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (T) No. 891 of 2019 With I.A. No.8873 of 2019 Ajay Kumar Agarwal, Proprietor of M/s Shree Krishna Traders, S/o Om Prakash Agarwal, aged about 43 years, Resident of 47, 54 Naya Bazar, P.O.- Jugsalai, P.S. _ Jugsalai, Town Jamshedpur & Dist. – Singhbhum East (Jharkhand) … … … … Petitioner Versus 1. Union of India, Secretary, through the Ministry of Finance Department of Revenue North Block, New Delhi – 110 001 2. The Addl. Director General, Directorate General of GST Intelligence, Zonal Unit, Patna, P.O. & P.S.- Salimpur, District- Patna 3. The Commissioner, GST & CX, Jamshedpur, P.O. & P.S.- Sakchi, Jamshedpur … … … Respondents ------ CORAM: HON’BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD ------ For the Petitioner: Mr. Nitiin Kr. Pasari, Advocate For the Respondents: Mr. Ratnesh Kumar, Advocate ------ Oral Order

Per Dr. Ravi Ranjan, C.J. 05/Dated: 23.03.2020

Heard the parties.

It is urged by the learned counsel for the petitioner that the writ petitioner wants to avail

The judgment continues below.

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Reproduced from the public record of the Jharkhand High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.