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Jharkhand High Court

M/S Bla Infrastructure Pvt. Ltd vs Commissioner Of Commercial Taxes on 6 December, 2024

Author: Deepak Roshan

Bench: Deepak Roshan

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           W.P. (T) No. 6011 of 2024
         M/s BLA Infrastructure Pvt. Ltd., having its registered office at 53 A, 3rd Floor,
         Indicon Viva, Leela Roy Sarani, Ballygunge, P.O.-Ballygunge, P.S.-Gariahat,
         Dist.-Kolkata, in the State of West Bengal, PIN-700019 and principal place of
         business at 2nd Floor, 2B, Brindavan Apartment, Kanke Road, Chandni Chowk,
         P.O. & P.S. - Dhanbad, Dist.-Dhanbad, in the State of Jharkhand, PIN-834008,
         represented through Shri Jhantu Jana, Authorised Representative, S/o Shri Jahar
         Lal Jana, aged about 43 years, Resident of At-Astara East, P.O.-Astara, P.S.-
         Tarakeswar, Dist.-Hoogly, in the State of West Bengal, PIN-712401, who is
         citizen of India.                                 ...   ...     Petitioner
                                  Versus
         1. Commissioner of Commercial Taxes, Commercial Tax Department, Project
         Bhawan, Dhurwa, P.O. & P.S. Dhurwa, District-Ranchi-834004.
         2. State Tax Officer, Dhanbad Circle, Dhanbad, Vanijyakar Bhawan, Near Court
         Campus, Randhir Verma Chowk, Dhanbad, P.O. & P.S. Dhanbad, District -
         Dhanbad, Jharkhand - 826001.                                ... Respondents
                                  ---------

CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner: Mr. Kartik Kurmy, Advocate (Through V.C.) Mr. Nitin Kumar Pasari, Advocate Mrs. Sidhi Jalan, Advocate.

Mr. Gaurav Kaushalesh, Advocate. For the Respondent: Mr. Gaurav Raj, A.C. to A.A.G.-II.

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03/Dated: 06.12.2024 Notice to the respondents.

2. Mr. Gaurav Raj, learned A.C. to A.A.G.-II, accepts notice for the respondents.

3. Since 2nd respondent who passed the impugned order has not taken into account the reply filed by the petitioner to the show cause notice issued by the 2nd respondent on the pretext that the person who filed the reply does not appear to be authorized signatory of the petitioner, though he could have asked the person who filed the reply to show the authorisation, there shall be interim stay of all further proceedings pursuant to the impugned order dated 28.06.2024 (Annexure-1), until further orders.

4. List on 07.03.2025.

5. Counter affidavit be filed in the meantime.

(M. S. Ramachandra Rao, C.J.) (Deepak Roshan, J.) APK/VK