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Patna High Court - Orders

M/S Amco Batteries Ltd. vs The State Of Bihar & Ors on 10 August, 2015

Author: Ramesh Kumar Datta

Bench: Ramesh Kumar Datta, Sudhir Singh

           Patna High Court CWJC No.3514 of 2015 (2) dt.10-08-2015
                           IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Civil Writ Jurisdiction Case No.3514 of 2015
                       ======================================================
                       M/s. Amco Batteries Ltd. a limited company registered under the
                       Companines ACt, 1956; having it's Registered office at First Floor Addition
                       Buildings , 803, Anna Salai , Chennei - 600002, having it's local office at
                       4H/39, Bahadurpur Housing Colony , Bhooth Nath Road , Patna-1 , P.S.
                       Agamkuan , Dist- Patna , through its authrized signatory and Territory
                       Manager Shyam Nandan Prasad S/o Lt. Hans Nath Srivastava.

                                                                               .... ....   Petitioner
                                                             Versus
                       1. The State of Bihar
                       2. The Commissioner of Commercial Taxes, Bihar
                       3. Deputy Commissioner of Commercial Taxes, North Circle, Patna.

                                                                       .... .... Respondents
                       ======================================================
                       Appearance :
                       For the Petitioner/s :   Mr. Rakesh Kumar Singh, Advocate
                       For the Respondent/s   : Mr. Vikash Kumar, AC to PAAG
                       ======================================================
                       CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR
                       DATTA
                                  and
                                  HONOURABLE MR. JUSTICE SUDHIR SINGH
                       ORAL ORDER
                       (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA)

2        10-08-2015

Heard learned counsel for the petitioner and learned counsel for the State.

The grievance of the petitioner is that on one hand the revision application of the petitioner under Section 74 of the Bihar Value Added Tax Act, 2005 filed on 16.4.2013 being Case No. CC(S)-78/2013-14 has not been disposed of while on the other hand the respondents have recovered an amount of Rs.6,50,000/- from the petitioner by taking coercive measure under Section 47 of the Act.

In the facts and circumstances of the case, the writ application is disposed of with a direction to respondent No.2, the Commissioner of Commercial Taxes, Bihar to dispose of the revision application of the petitioner within a period of six weeks from the date of receipt/production of a copy of this order.




                                                 (Ramesh Kumar Datta, J)


spal/-                                                 (Sudhir Singh, J)


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