Steel Authority Of INDIA Limited Represented Thr Its Assistant Manager Liaison Sri Kameshwar Prasad vs. Union Of INDIA Through Its Secretary Department Of Revenue

WPC/1318/2018HC JharkhandGSTCNR JHHC01008390201810 January 2019Bench: HON'BLE MR. JUSTICE D. N. PATEL,HON'BLE MR. JUSTICE B. B. MANGALMURTI1 pages
AI SummaryWithdrawn

Facts

The petitioner, Steel Authority of India Limited, filed a writ petition before the Jharkhand High Court challenging an Order-in-Original passed by the Assistant Commissioner, Central GST & Central Excise Division-I, Jamshedpur. The specific tax period and the amount in dispute are not recorded in the judgment. The procedural history indicates that the petitioner approached the High Court directly through a writ petition. The counsel for the petitioner, upon instructions, stated that they were not pressing the writ petition.

Held

The Court noted that an efficacious alternative remedy was available to the petitioner. Consequently, the counsel for the petitioner, acting on instructions from their client, stated that they were not pressing the writ petition. The Court, in light of this submission, disposed of the writ petition. The petitioner was granted liberty to prefer an appeal as provided under the law against the impugned Order-in-Original. Any interim relief granted earlier was vacated. The Court did not decide the merits of the challenge to the Order-in-Original.

Key Issues

1. Whether the petitioner has an efficacious alternative remedy available against the impugned Order-in-Original, and if so, should the writ petition be entertained by this Court? The petitioner's counsel, on instructions, did not press the writ petition, indicating a concession that an alternative remedy exists and is to be pursued. The respondents' arguments are not recorded as the petitioner withdrew their submission to press the petition.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(T) No. 1318 of 2018

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Steel Authority of India Limited, having its registered office at Ispat Bhawan, Lodhi Road, P.O. and P.S. Lodhi Road, District New Delhi, represented through its Assistant Manager (Liaison) Sri Kameshwar Prasad, son of Late Sudist Narayan Sinha, aged about 53 years, resident of Qr. No.A-88, SAIL Satellite Township, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi having office at Ispat Bhavan, RAW Materials Division, Steel Authority of India Limited, Ranchi, P.O. & P.S. Doranda, District Ranchi.

...

…. Petitioner

Versus

1.

Union of India through its Secretary, Department of Revenue, having its office at 128-A, North Block, P.O. & P.S. Central Secretariat, District New Delhi.

2.

Assistant Commissioner, Central GST & Central Excise Division-I, Jamshedpur, having its office at 5, E Road, Bistupur, P.O. & P.S. Bistupur, Jamshedpur, District East Singhbhum.

…. Respondents

----- CORAM: HON’BLE MR. JUSTICE D.N. PATEL

HON’BLE MR. JUSTICE B.B. MANGALMURTI

For the Petitioner

: M/s

The judgment continues below.

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