Disposed

Hind Transport Agency and Anr. v. The State Of Bihar and Ors.

Patna HC13 Feb 2013CWJC/3195/2013

Case brief

AI extract

What is this about?

The Division Bench referenced its previous order in C.W.J.C. No.215 of 2013 concerning the Bihar VAT Act. This order disposes of the present writ petition, applying the referenced order in modified form regarding deposited penalty and directing regulation of the vehicle release per that prior order.

What did the court decide?

Order communicated by Fax; application disposed on lines of previous order in C.W.J.C. No. 215 of 2013.

Hind Transport Agency and Anr. Vs The State Of Bihar… — Writ and Judicial Review | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.3195 of 2013

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Hind Transport Agency, Charbag, Lukhnow (U.P.) through its Prop. namely Jaheer Ahmad, son of Shakil Ahmad, resident of Mohalla134/170 Bashirathganj, P.S. Bashirathganj, Lukhnow, DistrictLukhnow (U.P.)

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Md. Alam, son of Md. Jama Khan, resident of Village- Aurangabad, P.S. Musafir Khana, District- Sultanpur (U.P.) Owner of Truck No.Up44T-6127.

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.... .... Petitioner/s

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Versus

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The State Of Bihar through the Commissioner Commercial Taxes, Bihar, Patna having its office at Vikash Bhawan, Bailey Road, Patna.

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The Deputy Commissioner of Commercial Taxes Integrated Check Post, Karmnasha (Kaimur)

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Assistant Commissioner of Commercial Taxes (Incharge), Integrated Check Post, Karmnasha (Kaimur)

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Commissioner Taxes Officer Integrated Check Post, Karmnasha (Kaimur).

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.... .... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Ravi Shanker Sahay, Advocate, For the Respondent/s : Mr. Lalit Kishroe, AAG-1.

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CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA

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and

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HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE NAVIN SINHA)

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2 13-02-2013 We have heard counsel for the petitioners and the

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learned Additional Advocate General on behalf of the State. Petitioner nos. 1 and 2 are stated to be the

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transporter and the owner of the truck in question. The seizure and consequent imposition of penalty at Integrated Check Post, Karmnasha, Kaimur at Bhabua under the Bihar

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Value Added Tax Act and Rules, 2005 are all covered by discussion in C.W.J.C. No.215 of 2013/C.W.J.C. No.1509

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Patna High Court CWJC No.3195 of 2013 (2) dt.13-02-2013

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of 2013.

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Suffice it to clarify the petitioners are said to have deposited the full amount of penalty. If that be correct, the order referred to earlier shall apply to the present petitioners in its modified form to that extent. In so far as the release of the vehicle nos. UP-44T-6127 is concerned it shall be regulated by the aforesaid order of the Division Bench.

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Let this order be communicated by Fax to the Deputy Commissioner, Commercial Taxes, Integrated Check Post, Karmnasha, Kaimur at Bhabua at the cost of the petitioners.

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The writ application stands disposed of.

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(Navin Sinha, J)

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Vinay/-

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(Shivaji Pandey, J)

Hind Transport Agency and Anr. v. The State Of Bihar and Ors.

Case brief

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Hind Transport Agency and Anr. v. The State Of Bihar and Ors.

Case brief

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