Kakda Steel Private Limited A Company Registered Under The Indian Companies Act vs. The State Of Madhya Pradesh

WP/4800/2023HC Madhya PradeshGST21 April 2023Bench: HON'BLE SHRI JUSTICE SHEEL NAGU2 pages
For Petitioner: Harjas Singh ChhabraFor Respondent: Advocate General
AI SummaryWithdrawn

Held

The Court allowed the application for withdrawal filed by the petitioner. Consequently, the writ petition was dismissed as withdrawn. The Court did not delve into the merits of the case or the underlying GST dispute. The reasoning for allowing the withdrawal is based on the petitioner's explicit request and the absence of any opposition from the respondents. The ratio decidendi is that a party has the right to withdraw their petition unless there are compelling reasons against it, which were not present here. No specific operative directions were issued beyond the dismissal of the petition as withdrawn. No issues were expressly left undecided, as the matter was disposed of on the procedural request for withdrawal.

Facts

The petitioner, Kakda Steel Private Limited, filed a writ petition before the Madhya Pradesh High Court. The petition was filed against the State of Madhya Pradesh and its GST authorities, including the Principal Secretary, Department of Commercial Tax, the Appellate Authority and Joint Commissioner (GST), and the Assistant Commissioner of State Tax. The specific tax period and the order or action under challenge, as well as the amount in dispute, are not recorded in the provided judgment. The procedural history leading to this writ petition is also not detailed.

Key Issues

The primary issue before the Court was whether to allow the petitioner's application for withdrawal of the writ petition. The petitioner, Kakda Steel Private Limited, sought to withdraw the petition. The respondents, the State of Madhya Pradesh and its GST authorities, did not present any arguments against the withdrawal. The Court had to decide whether to grant the petitioner's request to withdraw the case. No specific provisions of the CGST/SGST Act or any circulars or precedents were discussed in relation to the withdrawal application.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SHEEL NAGU & HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL ON THE 21st OF APRIL, 2023 WRIT PETITION No. 4800 of 2023 BETWEEN:- KAKDA STEEL PRIVATE LIMITED, A COMPANY REGISTERED UNDER THE INDIAN COMPANIES ACT, THROUGH ITS DIRECTOR SHRI NEERAJ GOEL, OCCUPATION- BUSINESSMAN S/O SHRI N.K. GOEL, AGED ABOUT 48 YEARS, HAVING ITS OFFICE PLOT NO. 54-A SECTOR B INDUSTRIAL AREA MANDIDEEP BHOPAL, (MADHYA PRADESH) .....PETITIONER (BY SHRI H.S. CHHABRA - ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THROUGH ITS PRINCIPAL SECRETARY DEPARTMENT OF COMMERCIAL TAX, VALALBH BHAWAN BHOPAL (MADHYA PRADESH) 2. OFFICE OF APPELLATE AUTHORITY AND JOINT COMMISSIONER (GST) B H O PA L , (MADHYA PRADESH) 3. OFFICE OF THE ASSISTANT COMMISSIONER OF STATE TAX B HOPAL, DIVISION -1 BHOPAL (MADHYA PRADESH) .....RESPONDENTS (BY SHRI A.D. BAJPAI - GOVERNMENT ADVOCATE ) This petition coming on for admission this day, JUSTICE SHEEL NAGU passed the following:

I.A. No.5141/2023 has been filed by petitioner for withdrawal of this 1

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