Disposed

Ms Rites Limited through Its General Manager Shri Dharm Gaj Prasad v. the State of Jharkhand through the Secretary Cum Commissioner of Commercial Taxes

Jharkhand HC23 Aug 2018WPC/3284/2018

Case brief

AI extract

What is this about?

This short order dismisses a writ petition seeking refund of excess tax. The Court noted the petitioner had already applied for an excess demand notice which was still pending. The Court disposed of the petition by directing authorities to decide the pending application within twelve weeks.

What did the court decide?

Direction to respondents to decide the petitioner's application for excess demand notice within twelve weeks.

Ms Rites Limited through Its General… — Contract and Commercial Disputes | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P. (T) No. 3284 of 2018

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M/S RITES LIMITED , a Government of India Undertaking, under the Ministry of Railway and a Government Company within the meaning of Section 617 of the Companies Act, 1956 having its Registered Office at Scope Minar, Laxmi Nagar, Delhi-110092 and Corporate Office at RITES Bhawan, 1, Sector-29, Gurgaon-122 001 in the State of Haryana and also had its Ranchi Office at Station Road, P.O. & P.S. Chutia, District- Ranchi in the State of Jharkhand through its General Manager Shri Dharm Gaj Prasad, Aged about 57 years, Son of Late Makrand Prasad, Resident of Flat No. 674, P.O. Khelgaon, P.S. Khelgaon, District and State- New Delhi- 110049

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… Petitioner

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-Versus-

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The State of Jharkhand, through the Secretary-cum-Commissioner of Commercial Taxes, Jharkhand, Ranchi, having its office at Project Building, P.O. Dhurwa, P.S. Hatia, District- Ranchi

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Joint Commissioner of Commercial Taxes, (Administration), Ranchi Division, Ranchi having its office at Commercial Taxes Building, Court Compound, Ranchi, P.O., P.S. & District- Ranchi

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Deputy Commissioner of Commercial Taxes, East Circle, Ranchi, having its office at Commercial Taxes Building, Court Compound, Ranchi, P.O., P.S. and District- Ranchi

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Assistant Commissioner of Commercial Taxes, East Circle, Ranchi, having its office at Commercial Taxes Building, Court Compound, Ranchi, P.O., P.S. & District- Ranchi

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Commercial Taxes Officer, East Circle, Ranchi, having its office at Commercial Taxes Building, Court Compound, Ranchi, P.O., P.S. & District- Ranchi … Respondents

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-----

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CORAM: HON’BLE MR. JUSTICE D.N. PATEL HON'BLE MR. JUSTICE AMITAV K. GUPTA

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----- For the Petitioner : Mrs. Darshana Poddar Mishra, Advocate For the Respondent-State : Mr. Atanu Banerjee, G.A. -----

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04/Dated : 23rd August, 2018 Oral Order Per D.N. Patel, J.

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1. This writ petition has been preferred, basically for getting refund of the excess amount of tax already paid by the petitioner to the respondents.

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2. For getting refund, excess demand notice has to be obtained by the petitioner from the respondent-State authorities.

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3. Such application has already been preferred by the petitioner on 11^th July, 2017, as per the annexure annexed with the memo of this writ petition.

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-2-

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4. Having heard learned counsels for both the sides and looking to the facts and circumstances of the case, it appears that the State has not taken final decision upon the application preferred by the petitioner for getting excess demand notice. The application preferred by the petitioner is already pending with the respondent authorities. It is assured by the learned counsel for the respondent-State that the application preferred by the petitioner shall be decided in accordance with law, rules, regulations and Governmental policies.

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5. In view of this limited submission, this writ petition is, hereby, disposed of with a direction to the respondents to decide the application preferred by the petitioner for getting excess demand notice , in accordance with law, rules, regulations, Governmental policies and in accordance with the decision rendered by the competent Courts, within a period of twelve weeks from the date of receipt of a copy of the order of this Court.

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6. With the aforesaid direction, this writ petition is, hereby, disposed of.

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(D.N. Patel, J.)

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(Amitav K. Gupta, J.)

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Ajay/

Ms Rites Limited through Its General Manager Shri Dharm Gaj Prasad v. the State of Jharkhand through the Secretary Cum Commissioner of Commercial Taxes

Case brief

What is this about?

What did the court decide?

Ms Rites Limited through Its General Manager Shri Dharm Gaj Prasad v. the State of Jharkhand through the Secretary Cum Commissioner of Commercial Taxes

Case brief

What is this about?

What did the court decide?

What the court decided

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Ms Rites Limited through Its General Manager Shri Dharm Gaj Prasad Vs the State of Jharkhand through the Secretary Cum Commissioner of Commercial Taxes