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[Cites 2, Cited by 0]

Madras High Court

Sri Shakthi Lift Carrier vs The Deputy Commissioner (St) on 26 April, 2023

Author: Anita Sumanth

Bench: Anita Sumanth

                                                                                   W.P.No.4864 of 2023



                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  Dated: 26.04.2023

                                                      CORAM

                                  THE HONOURABLE DR. JUSTICE ANITA SUMANTH

                                                W.P.No.4864 of 2023
                                              and WMP No.4896 of 2023

                Sri Shakthi Lift Carrier
                rep. by its Proprietrix
                Mrs.Subathra
                                                                            ... Petitioner
                                                         Vs
                1. The Deputy Commissioner (ST)
                   GST Appeal Chennai- I,
                   C.T.Annex Buildings,
                   No.1, Greams Road, Chennai – 600 006.

                2. The Assistant Commissioner (ST)
                   Manali Assessment Circle,
                   Integrated Commercial Taxes Buildings,
                   Elephant Gate, Chennai.                                         ... Respondents
                PRAYER: Writ Petition filed under Article 226 of the Constitution of India
                praying to issue a Writ of Certiorarified Mandamus calling for the records
                pertaining to the impugned order passed in Ref.No.ZA331221059085Y on
                16.12.2021 by the 2nd respondent and to quash the same as illegal and arbitrary
                and consequently direct respondents to restore the petitioner's GSTIN
                33BUJPS8338F2Z9 to enable the petitioner to pay the future GST.

                                   For Petitioner  : Mr.K.M.Malarmannan
                                   For Respondents : Mr.V.Prashanth Kiran
                                                     Government Advocate
https://www.mhc.tn.gov.in/judis
                                                                                      W.P.No.4864 of 2023




                                                       ORDER

This matter has come up for admission on 20.02.2023 when noting two different decisions of this Court, my predecessor has referred the matter to the Division Bench for reconciliation of the orders.

2. The issue relates to cancellation of registration of the dealer/petitioner under the provisions of the Tamil Nadu Goods and Services Tax Act, 2017.

Pending Writ Petition, the State has come forward with Amnesty Scheme granting the benefit to all dealers whose registrations have been cancelled.

3. Hence, in such circumstances, the petitioner wishes to withdraw this Writ Petition with liberty to approach the authorities seeking benefit of the Amnesty Scheme. Learned counsel for the petitioner has made an endorsement and has also given letter dated 17.04.2023 to this effect.

4. In light of the above, this Writ Petition is dismissed as withdrawn and the petitioner is permitted to approach the authorities to avail the Amnesty Scheme. No costs. Connected Miscellaneous Petition is also dismissed.

26.04.2023 Index : Yes / No Speaking/non-speaking Order Neutral Citation: Yes/No sl https://www.mhc.tn.gov.in/judis W.P.No.4864 of 2023 To

1. The Deputy Commissioner (ST) GST Appeal Chennai- I, C.T.Annex Buildings, No.1, Greams Road, Chennai – 600 006.

2. The Assistant Commissioner (ST) Manali Assessment Circle, Integrated Commercial Taxes Buildings, Elephant Gate, Chennai.

https://www.mhc.tn.gov.in/judis W.P.No.4864 of 2023 Dr.ANITA SUMANTH,J.

Sl W.P.No.4864 of 2023 and WMP No.4896 of 2023 26.04.2023 https://www.mhc.tn.gov.in/judis