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Madras High CourtWP/22249/2023withdrawn dismissed

M/S.Jain Metal Rolling Mills v. Union Of India

2023-07-28Honourable Mr Justice C. Saravanan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.No.21630 of 2023 M/s.Jain Metal Rolling Mills, Having office at The Lattice 4th Floor, Old No.7/1, New No.20, Waddles Road, Kilpauk, Chennai - 600 010.

Represented by Kamlesh Jain, Managing Partner. ... Petitioner Vs 1.Union of India, Through Secretary, No.137, North Block, 2.The State of Tamil Nadu, Through Principal Secretary, Finance Department, Tamil Nadu Secretariat, Fort St.George, Chennai - 600 009.

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3.The Additional Director, Directorate General of GST Intelligence, Chennai Zonal Unit, No.16, BSNL Building, Tower - II, 5th and 8th Floors, Greams Road, Chennai - 600 006.

4.The Additional Commissioner/Joint Commissioner of Central Tax and Central Excise, Chennai-North Commissionerate, GST Bhawan, No.26/1, Mahatma Gandhi Road, Nungambakkam, Chennai - 600 034.

5.The Central Board of Indirect Taxes and Customs, Through Chairman, North Block, ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Prohibition, prohibiting the respondent Nos.3 and 4 from proceeding with Show Cause Notice No.52/2023 (GST) bearing DIN 202305DSS2000050407 dated 17.05.2023, for being illegal and violative of Articles 14 and 19(1)(g) of the Constitution. 2/6

For Petitioner : Mr.Abhishek A Rastogi For Respondent : Mr.K.Mohana Murali for R1, 4 and 5 Mr.C.Harsharaj Additional Government Pleader for R2 Mr.V.Sundareshwaran Senior Panel Counsel for R3

ORDER

Mr.K.Mohana Murali, learned counsel takes notice on behalf of the first, fourth and fifth respondents and Mr.C.Harsharaj, learned Additional Government Pleader takes notice on behalf of the second respondent and Mr.V.Sundareshwaran, learned Senior Panel Counsel takes notice on behalf of the third respondent.

2. The learned counsel for the petitioner appears through Video Conferencing and seeks leave to withdraw the writ petition, as the petitioner has already participated in the personal hearing pursuant to the impugned Show Cause Notice.

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3. Recording the above submission made by the learned counsel for the petitioner, this writ petition stands dismissed as withdrawn. Liberty is given to the petitioner to work out his remedy, in case, any adverse orders are passed, in accordance with law. No costs. Consequently, connected writ miscellaneous petition is closed. 28.07.2023 Index: Yes/ No Internet : Yes/No Speaking/Non-speaking Order jas 4/6

To 1.Union of India, Through Secretary, No.137, North Block, 2.The State of Tamil Nadu, Through Principal Secretary, Finance Department, Tamil Nadu Secretariat, Fort St.George, Chennai - 600 009.

3.The Additional Director, Directorate General of GST Intelligence, Chennai Zonal Unit, No.16, BSNL Building, Tower - II, 5th and 8th Floors, Greams Road, Chennai - 600 006.

4.The Additional Commissioner/Joint Commissioner of Central Tax and Central Excise, Chennai-North Commissionerate, GST Bhawan, No.26/1, Mahatma Gandhi Road, Nungambakkam, Chennai - 600 034.

5.The Central Board of Indirect Taxes and Customs, Through Chairman, North Block, 5/6

C.SARAVANAN,J.

jas and W.M.P.No.21630 of 2023 28.07.2023 6/6