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/1320/2018HC JharkhandGSTCNR JHHC01008393201810 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 were not explicitly detailed in the provided judgment excerpt. The procedural history indicates that the matter was before the High Court via a writ petition.

Held

The Court held that an efficacious alternative remedy was available to the petitioner. Consequently, the counsel for the petitioner, upon instruction, chose not to press the writ petition. The Court disposed of the writ petition, granting the petitioner liberty to prefer an appeal as provided under the law. Any interim relief previously granted was vacated. The Court did not delve into the merits of the Order-in-Original itself, as the petition was withdrawn on the grounds of alternative remedy.

Key Issues

The primary issue before the Court was whether the writ petition was maintainable given the availability of an alternative remedy. The petitioner, Steel Authority of India Limited, argued that they wished to challenge the impugned order. The respondent, Union of India through its Secretary and the Assistant Commissioner, Central GST & Central Excise Division-I, Jamshedpur, did not explicitly present arguments regarding the merits of the case in the provided excerpt, as the petitioner withdrew their petition. The core of the matter revolved around the procedural avenue for challenging the Order-in-Original.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(T) No. 1320 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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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.