Patna High Court
M/S East- North Interconnection ... vs The State Of Bihar Through ... on 27 October, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17952 of 2021
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M/s East- North Interconnection Company Limited a Public Limited
Company registered under the Companies Act having its corporate office at
Unit No. 101, First Floor, Windsor, Village - Vidyanagri Marg, Santacruz
(East), Mumbai (Maharastra) and principal place of Business at Budha Dental
College Road, Chitragupta Nagar, Lohia Nagar, Patrakar Nagar, Patna,
through its Power of Attorney holder namely Rajani Kumar Chinnari, aged
about 48 years, Male, son of Shri Janardhan Rao Chinnari, Residing at Joura
Street, P.S. - Brahmpur Sadar, Distt. - Ganjam (Odisha).
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary - cum- Commissioner of
Commercial Taxes now known as Department of State Tax, Bihar, Patna.
2. The Principal Secretary - cum- Commissioner of Commercial Taxes now
known as Department of State Tax, Bihar, Patna.
3. The Deputy Commissioner of Tax (State), Patliputra Circle, Patna.
4. The Joint Commissioner of Tax (State), Patliputra Circle, Patna.
5. The Assistant Commissioner of Tax (State), Patliputra Circle, Patna.
... ... Respondent/s
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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
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE A. M. BADAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 27-10-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
Patna High Court CWJC No.17952 of 2021 dt.27-10-2021
Shri Vikash Kumar, learned Standing Counsel No. 11
states that the petitioner's case for refund shall be considered
and decided expeditiously, and preferably within a period of
four weeks from today, complying with the principles of natural
justice. He clarifies that the application shall be processed in
terms of, and under Chapter XI of the Bihar Value Added Tax
Act, 2005.
Statement accepted and taken on record.
We clarify that we have not expressed any opinion on
Patna High Court CWJC No.17952 of 2021 dt.27-10-2021
merits and all questions of fact and law are open to be decided
by the authorities in accordance with law. Equally, liberty
reserved to the parties to take recourse to such other remedies as
are otherwise available in law, including approaching this Court
on the same and subsequent cause of action.
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
electronic mode.
(Sanjay Karol, CJ)
(A. M. Badar, J)
P.K.P./Amrendra
AFR/NAFR
CAV DATE
Uploading Date 28.10.2021
Transmission Date
