Disposed

M/s Param Enterprises P Ltd. v. The Eastern Railway and Ors.

Patna HC27 Aug 2012CWJC/15440/2012

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What is this about?

In a writ jurisdiction case, the Patna High Court directed the Senior Accounts Finance Assistant of Eastern Railway to consider the petitioner's representation concerning 2% sales tax deductions on bills. The court instructed the respondent to dispose of the matter in accordance with relevant division bench judgments within two months.

What did the court decide?

Direction to respondent no. 2 to consider the petitioner's representation on sales tax deduction in light of division bench judgments and dispose positively within two months.

M/s Param Enterprises P Ltd. Vs The Eastern Railway and… — Service and Employment | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15440 of 2012

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====================================================== M/S Param Enterprises (P) Ltd. Through Puneet Pathak, M.D. S/O Satya Narayan Pathak R/O 12/2, Hunger Food Street, Flat-1, P.S. - Shakespeare Sarani Thana Kolkatta, West Bengal .... .... Petitioner Versus 1. The Eastern Railway, through General Manager, Kolkata 2. The Sr. A.F.A. Con., Eastern Railway, Bhagalpur 3. The Dy. C.S.T.E. Con., Eastern Railway, Malda 4. The A.S.T.E. /Con., Eastern Railway, Sahebganj .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Shailendra Kumar Singh, Advocate For the Respondents : Mr. Anil Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER 2 27-08-2012 Learned counsel for the petitioner submits that the case of petitioner is covered by a Division Bench judgment of this Court passed in CWJC No.544 of 2008 on 18.01.2011 and also by an order dated 16.07.2012 passed in CWJC No.16.07.2012, a copy whereof is Annexure-2 with the writ application. Hence respondents are not entitled to deduct 2% from the bills of petitioner towards sales tax of Jharkhand State. He submits that petitioner has filed a representation along with calculation chart in this regard before respondent no.2, vide Annexure-3.

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Learned counsel for the Railways submits that representation of the petitioner can be considered by respondent no.2 taking into account the law laid down by this Court and can be disposed of in accordance with law and if any amount of the

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Patna High Court CWJC No.15440 of 2012 (2) dt.27-08-2012

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petitioner deducted from its bills is found fit to be refunded, that can be refunded.

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In the circumstances, this writ application is disposed of with a direction to respondent no.2, Sr. A.F.A. Con, Eastern Railway, Bhagalpur to consider representation of the petitioner in the light of the aforesaid judgments of this Court and dispose of the same in accordance with law with consequential orders, if necessary, positively within two months from the date of receipt/production of a copy of this order.

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B.T/-

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(Jayanandan Singh, J)

M/s Param Enterprises P Ltd. v. The Eastern Railway and Ors.

Case brief

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M/s Param Enterprises P Ltd. v. The Eastern Railway and Ors.

Case brief

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