M/S Kalpatru Power Transmission ... vs The State Of Bihar And Ors
2021 Latest Caselaw 1349 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.1907 of 2019
     ======================================================

M/s Kalpatru Power Transmission Limited, a Company registered under the Companies Act, 1956, having its local office at House No. 14, Shiv Sadan, Kitab Bhawan Lane, North S.K. Puri, Patna through the authorized signatory Jayendrabhai Shah.

... ... Petitioner/s Versus

1. The State of Bihar.

2. The Finance Secretary, State of Bihar, Patna.

3. The Commissioner of Commercial Taxes, Bihar.

4. The Joint Commissioner (Admin) of Commercial Taxes, Central Division, Patna.

5. The Deputy Commissioner of Commercial Taxes, Patliputra Circle, Patna.

6. The Assistant Commissioner of Commercial Taxes, Patliputra Circle, Patna.

7. The Treasury Officer, Patna Sadar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Rakesh Kumar Singh, Adv. For the Respondent/s : Mr.Vikash Kumar (S.C.11) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 09-03-2021

Petitioner has prayed for following relief(s):-

"(a) to issue a writ(s), direction (s) particularly a writ in the nature of mandamus to the respondents to refunds the excess amount of Rs. 2,85,191,125.00/-

for the assessment year 2016-17, after adjusting Rs. 5,15,628/- under the entry tax, u/s 68 of VAT Act along with statutory interest in pursuant of section 70 of the VAT Patna High Court CWJC No.1907 of 2019 dt.09-03-2021

Act, 2005.

(b) To issue a further direction to the respondents to adjust Rs. 5,15,628/- which is due under the provisions of Entry Tax Act out of total demand of out of total refund of Rs. 2,90,34,753/-

(c) or any other relief(s) as the petitioner is entitled for in the facts and circumstances of the case."

The present petition stands disposed of as not

pressed in view of the order passed today i.e. 09.03.2021 in

C.W.J.C. No. 2043 of 2019 titled as Kalpataru Power

Transmission Ltd. Vs The State of Bihar and Ors.

(Sanjay Karol, CJ)

( S. Kumar, J) veena/rajiv-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          10.03.2021
Transmission Date       NA