M/S Higgs Healthcare vs. Union Of INDIA And Others

CWP/1498/2018HC Himachal PradeshGSTCNR HPHC01013405201829 October 2021Bench: HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN,HON'BLE MS. JUSTICE JYOTSNA REWAL DUA2 pages
AI SummaryWithdrawn

Held

The Court noted that the learned counsel for the petitioner, Ms. Narvada, stated that she was under instructions not to press the petition. This statement was taken on record. Consequently, the Court dismissed the instant petition as not pressed. The Court also ordered the dismissal of any pending applications in the matter. The ratio decidendi is that a writ petition, when not pressed by the petitioner, will be dismissed as withdrawn. No specific provisions of the GST Act or Rules were discussed in detail as the matter was decided on a procedural point.

Facts

The petitioner, M/s Higgs Healthcare, filed a Civil Writ Petition before the Himachal Pradesh High Court. The respondents were various authorities under the Goods and Services Tax (GST) regime, including the Union of India, GST Council Secretariat, Commissioner (Central Goods and Service Tax), and GSTN. The petition was filed challenging an unspecified order or action by the revenue authorities. The tax period and the amount in dispute are not recorded in the judgment. The procedural history is limited to the filing of the writ petition and its subsequent listing before the High Court.

Key Issues

The primary issue before the Court was whether the writ petition should be entertained. The petitioner's counsel, acting under instructions, stated that they were not pressing the petition. The respondents, represented by their respective counsel, were present. The Court needed to decide the fate of the petition based on the petitioner's submission. The petitioner's argument was that they did not wish to pursue the case further. The respondents did not present any arguments as the petitioner withdrew their claim.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 29th DAY OF OCTOBER, 2021 BEFORE HON’BLE MR. JUSTICE TARLOK SINGH CHAUHAN & HON’BLE MS. JUSTICE JYOTSNA REWAL DUA CIVIL WRIT PETITION No.1498 of 2018. Between:- M/S HIGGS HEALTHCARE, KHASRA NO. 480/1 VILLAGE BHATOLIKALAN, BADDI, DISTT SOLAN(HP), THROUGH SH. SURESH KUMAR AUTHORISED SIGNATORY. .…..PETITIONER. (BY MS. NARVADA, ADVOCATE) AND 1. UNION OF INDIA, THROUGH COMMISSIONER (GST), MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, CENTRAL BOARD OF EXCISE AND CUSTOMS, NEW DELHI-110011. 2. GST COUNCIL SECRETARIAT, THROUGH ITS SECRETARY, 5TH FLOOR, TOWER II, JEEVAN BHARTI BUILDING, JANPATH ROAD, CONNAUGHT PLACE, NEW DELHI-110001. 3. THE COMMISSIONER, CENTRAL GOODS AND SERVICE TAX COMMISSIONAIRE, SCO 48-49, SECTOR 17A, CHANDIGARH, 160017. 4. GSTN (GOODS AND SERVICE TAX NETWORK) THROUGH ITS CEO, EAST WING, WORLDMARK 1, 4TH FLOOR, TOWER B, AEROCITY, NEW DELHI, PIN-110037. .…..RESPONDENTS.

2 (SH. V.B.VERMA, CENTRAL GOVERNMENT COUNSEL, FOR RESPONDENT-1) (SH. VIJAY KUMAR ARORA, ADVOCATE, FOR RESPONDENTS-2 TO 4). This petition coming on for admission after notice this day, Hon’ble Mr.

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