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Patna High Court - Orders

M/S Pernod Ricard India Pvt. Ltd. vs The State Of Bihar & Ors on 2 February, 2018

Bench: Chief Justice, Anil Kumar Upadhyay

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1961 of 2018
                 ======================================================
                 M/s Pernod Ricard India Pvt. Ltd. Having its registered office at D-3, 5th Floor
                 District Centre, Saket Post and P.S. Saket, New Delhi- 110001 through its
                 Authorized Representative Dipanjan Chowdhuri, son of Dipendra Nath
                 Chowdhuri, Resident of 41A, Simla Road, Beadon Street, P.O. and P.S.
                 Maniktala, Dist. Kolkata, West Bengal

                                                                            ... ... Petitioner/s
                                                      Versus
            1.   The State of Bihar through the Secretary, Commercial Taxes, Govt. of Bihar.
            2.   Assistant Commissioner of Commercial Taxes, Patliputra Circle, Patna.
            3.   Sr. Audit Officer/RS-1 office of the Accountant General (Audit) Bihar, Patna.
            4.   Bihar State Beverages Corporation Limited through its Managing Director
                 having its office at Bidyut Bhawan, 1st Floor, Jawahar Lal Nehru Marg,
                 Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Kavin Gulati, Sr. Advocate
                                                Mr. Brisketu Sharan Pandey
                                                Mr. P.K. Mishra
                                                Mr. Deepak Thakur
                                                Mr. Puneet Agrawal, Advocates
                 For the Resp. 1 & 2    :       Mr. LALIT KISHORE- AG
                 For Beverage Corpn.    :       Mr. Vikas Kumar, Advocate
                                                Mr. Girijesh Kumar, Advocae
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

2   02-02-2018

Let a copy of the brief be served on learned Advocate General who appears for Respondent Nos. 1 and 2.

Mr. Vikas Kumar, Advocate appears for respondent No. 4. It is reported that notice has been served on the counsel representing the office of the Accountant General (Audit), Bihar.

Respondents are granted four weeks time to file counter affidavit.

Patna High Court CWJC No.1961 of 2018(2) dt.02-02-2018 2/2 In the meanwhile, prima facie finding the assessment and re-assessment orders to be unsustainable, we direct for stay of all proceedings pursuant to the impugned notice, Annexures 7 and 8 dated 15th January, 2018.

list the matter on 12th March, 2018.

(Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) spandey/-

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