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[Cites 3, Cited by 0]

Madras High Court

M/S.Jain Metal Rolling Mills vs Union Of India on 28 July, 2023

Author: C.Saravanan

Bench: C.Saravanan

                                                                      W.P.No.22249 of 2023




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 28.07.2023

                                                      CORAM

                                  THE HONOURABLE MR.JUSTICE C.SARAVANAN

                                              W.P.No.22249 of 2023
                                                      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,
                       Ministry of Finance (Department of Revenue),
                       No.137, North Block,
                       New Delhi – 110 001.

                     2.The State of Tamil Nadu,
                       Through Principal Secretary,
                       Finance Department,
                       Tamil Nadu Secretariat,
                       Fort St.George,
                       Chennai – 600 009.




https://www.mhc.tn.gov.in/judis
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                                                                            W.P.No.22249 of 2023




                     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,
                       Ministry of Finance (Department of Revenue),
                       North Block,
                       New Delhi – 110 001.                                  ... 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.




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                                                                                    W.P.No.22249 of 2023




                                        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.

https://www.mhc.tn.gov.in/judis 3/6 W.P.No.22249 of 2023

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 Neutral Citation : Yes/No jas https://www.mhc.tn.gov.in/judis 4/6 W.P.No.22249 of 2023 To

1.Union of India, Through Secretary, Ministry of Finance (Department of Revenue), No.137, North Block, New Delhi – 110 001.

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, Ministry of Finance (Department of Revenue), North Block, New Delhi – 110 001.

https://www.mhc.tn.gov.in/judis 5/6 W.P.No.22249 of 2023 C.SARAVANAN,J.

jas W.P.No.22249 of 2023 and W.M.P.No.21630 of 2023 28.07.2023 https://www.mhc.tn.gov.in/judis 6/6