Patna High Court
M/S. Bharti Airtel Limited (M/S. ... vs The State Of Bihar on 4 August, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13546 of 2021
======================================================
M/s. Bharti Airtel Limited (M/s. Telenor India Communication Pvt. Ltd.)
Since Merged with M/s. Bharti Airtel Limited, a company registered under
the provisions of the Companies Act, 1956, having its registered office at
Airtel Center, Plot No. 16, Udyog Vihar, Phase IV, Gurugram, Gurgaon,
Haryana and Circle office in the State of Bihar at Airtel Campus, Plot No. 18,
Patliputra Industrial Area, Patna through its Authorized Signatory Ankit
Gaurav, Male, aged about 29 years, son of Shri Ashok Kumar Mishra,
Resident of Plot no. 305, Block A, Shanti Apartment, Bhabha Colony,
Dusadhi Pakdi, P.S.- Kankarbagh, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary-Cum- Commissioner of
State Taxes (erstwhile known as Commissioner of Commercial Taxes), Bihar
Patna having its office at Vikas Bhawan, New Secretariat, Patna.
2. The Principal Secretary-Cum- Commissioner of State Taxes (Erstwhile
known as Commissioner of Commercial Taxes), Bihar Patna, New
Secretariat, Bailey Road, Patna.
3. The Commercial Taxes Tribunal Bihar Patna, Collectorate, Patna through its
Secretary.
4. The Joint Commissioner State Taxes (Erstwhile known as Deputy
Commissioner of Commercial Taxes), Patliputra Circle, Patna.
5. The Assistant Commissioner State Taxes (Erstwhile known as Assistant
Commissioner of Commercial Taxes), Patliputra Circle, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. S. D. Sanjay, Sr. Advocate
Mr. Mohit Agarwal, Advocate
Ms. Priya Gupta, Advocate
Ms. Sushila Agrawal, Advocate
For the Respondent/s : Mr.Vikash Kumar, SC-11
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
========================================
(The proceedings of the Court are being conducted by Hon'ble the Chief
Justice/Hon'ble Judges through Video Conferencing from their
residential offices/residences. Also the Advocates and the Staffs joined the
Patna High Court CWJC No.13546 of 2021 dt.04-08-2021
proceedings through Video Conferencing from their residences/offices.)
Date : 04-08-2021
The petitioner has prayed for the following relief/s :-
We are informed that the appeal against the impugned
Patna High Court CWJC No.13546 of 2021 dt.04-08-2021
appellate order dated 02.07.2021 and impugned Assessment
Order and Demand Notice dated 31.08.2019 is in process of
filing, along with a prayer for stay, before the learned
Commercial Taxes Tribunal, Bihar, Patna and the statutory
limitation for filing the same has yet not expired. Despite the
same, the respondent department has issued a
Reminder/Demand Notice dated 10.07.2021 bearing Process
No. 51 with respect to financial year 2015-16. Also, the
Commercial Taxes Tribunal, Bihar, Patna is presently lying
defunct in absence of Chairman.
In that view of the matter, we direct that till hearing of
the appeal which is to be filed before the Tribunal, or passing
of an appropriate order on the application for stay by the
Tribunal, subject to payment of 10% of the impugned demand
within a period of two weeks, no coercive action shall be taken
against the petitioner.
The instant petition sands disposed of in the
aforesaid terms.
Interlocutory Application(s), if any, also stands
disposed of.
Learned counsel for the respondents undertakes to
communicate the order to the appropriate authority through
Patna High Court CWJC No.13546 of 2021 dt.04-08-2021
electronic mode.
(Sanjay Karol, CJ)
( S. Kumar, J)
Ashwini/Sujit/-
AFR/NAFR
CAV DATE
Uploading Date 06.08.2021
Transmission Date
