Patna High Court - Orders
Jmc Projects ( India ) Ltd. vs The State Of Bihar & Anr on 2 March, 2016
Author: Ramesh Kumar Datta
Bench: Ramesh Kumar Datta, Sudhir Singh
Patna High Court CWJC No.1931 of 2016 (2) dt.02-03-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1931 of 2016
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JMC Projects ( India ) Ltd.
.... .... Petitioner
Versus
The State of Bihar & Anr
.... .... Respondents
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Appearance :
For the Petitioner/s : Mr. D.V.Pathy with Ms. Manju Jha, Advocates
For the Respondent/s : Mr. Vikash Kumar, AC to PAAG
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CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR
DATTA
and
HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA)
2 02-03-2016It is evident from Annexure-3 of the writ petition that the respondent No.2 is bent upon to violate the direction given by this Court to the authorities while deducting Bihar VAT at source.
The counter affidavit filed today on behalf of respondent No.1 also appears to be an attempt to instigate various authorities of the State, who have to make deductions under the Bihar VAT Act, to deduct from the entire contract value ignoring the provisions of Section 41 and Rule 29 of the Act and Rules. All these despite what was accepted by learned counsel for the State on the last date that the matter is clearly covered by the decision of this Court by order dated 7.7.2015 in the case of M/s. Debashree Construction (India) Pvt. Ltd. vs. The IRCON International Ltd. It is evidently so covered.
As a last indulgence, as prayed for by learned counsel for the State, put up on 10th March, 2016.
(Ramesh Kumar Datta, J)
spal/- (Sudhir Singh, J)
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