2022 (11) TMI 1549 - SCH - GST

Corporate Insolvency Resolution Petition Withdrawn, Key Legal Questions Remain Open for Future Examination Under Bankruptcy Code

M/s INDO INTERNATIONAL TOBACCO PVT. LTD. Versus ADDITIONAL DIRECTOR GENERAL DIRECTORATE GENERAL OF GOODS AND SERVICE TAX INTELLIGENCE & ORS.

SC dismissed the SLP as withdrawn upon petitioner's counsel request, with the Resolution Professional's instructions. The Court explicitly preserved any ... Seeking permission to withdraw SLP - Territorial Jurisdiction - Search and seizure - multiple agencies have carried out search operations - centralisation of investigation with DGGI, AZU - it was held by High Court that 'It cannot be said that in every such case, the ‘proper officer’ having limited territorial jurisdiction must transfer the investigation to the ‘proper officer’ having pan India jurisdiction - it would depend on the facts of each case as to whether such transfer is warranted or not. To lay down the indefeatable rule in this regard may not be feasible or advisable, and certainly not acceptable.' HELD THAT:- The present Special Leave Petition stands dismissed as withdrawn. The Supreme Court of India, presided over by Hon'ble Justice M.R. Shah and Hon'ble Justice M.M. Sundresh, addressed a Special Leave Petition (SLP) involving the petitioner represented by Mr. Priyadarshi Manish and others, and the respondent represented by Mr. N. Venkataraman and his team. The petitioner's counsel, acting on instructions from the Resolution Professional of the petitioner company, requested permission to withdraw the SLP. Consequently, the Court dismissed the petition as withdrawn. Importantly, the Court noted that any 'question of law, if any, is kept open,' leaving potential legal issues unresolved for future consideration.