Agarwal Packers And Movers Ltd. vs. The State Of Bihar& Ors.
AI Summary
Get an AI-powered analysis of this court order
Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Justice Smt. Anjana Mishra , Mr. Justice Ramesh Kumar Datta
Listed On:
25 Aug 2015
Original Order Copy
Get a certified copy of this order
Order Text
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11090 of 2015 ====================================================== M/s Agarwal Packers And Movers Ltd., a Company incorporated under the provisions of the Companies Act, 1956 having its Registered Office situated at 46, Eastern Chamber, Poona Streat, Mumbai-400009 and its Corporate Office, situated at Crescent Public School, Saraswati Vihar, Pitampura, Delhi-110034 through its Authorized Representative Pawan Kumar Poonia, Son of Sri Dharmapal Poonia, Resident of House No.50, at Dhana, P.S.- Th. Rajgarh, District- Churu, Rajasthan-331023. .... .... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary cum Commissioner of Commercial Taxes, Vikash Bhavan, Bailey Raod, Patna. 2. The Deputy Commissioner of Commercial Taxes, Integrated Check Post, Dobhi, District Gaya. 3. The Assistant Commissioner of Commercial Taxes, Integrated Check Post, Dobhi, District- Gaya. 4. The Commercial Taxes Officer, Integrated Check Post, Dobhi, District Gaya. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. S.D.Sanjay, Sr. Advocate Mr. Alok Kumar Agrawal For the Respondent/s : Mr. Anil Kumar Sinha- GA-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 2 25-08-2015 Heard learned counsel for the petitioner and learned counsel for the State. The writ application has been filed for quashing
the order dated 12.5.2015 passed by the Respondent No.3,
Commercial Taxes Officer, Integrated Check Post, Dobhi, Gaya
under Section 60 (4)(b) read with Section 56(4)(b) of the Bihar
VAT Act levying penalty of Rs. 1,53,600/- upon the petitioner.
2/2
Admittedly, there is provision of filing statutory appeal against the said order.
In the aforesaid circumstances, the writ application is disposed of with the liberty to the petitioner to challenge the impugned order before the competent appellate authority.
In case such an appeal is filed within a period of four weeks from today along with an application for condonation of delay then the appellate authority shall consider the matter taking into account the fact that the petitioner has been pursuing its remedies before this Court.
(Ramesh Kumar Datta, J)
S.Pandey/-
(Anjana Mishra, J)
