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Unitech Wireless Tamilnadu Pvt. Ltd. v. State Of Bihar and Ors.

Patna HC19 Feb 2015CWJC/2634/2015

Case brief

AI extract

What is this about?

The Patna High Court disposed of a writ petition seeking directions to expedite a pending commercial tax appeal and stay coercive action initiated by the tax department until the appeal was concluded.

What did the court decide?

Directed the Joint Commissioner to dispose of the appeal expeditiously and stayed coercive action against the petitioner pending its disposal.

Unitech Wireless Tamilnadu Pvt. Ltd. Vs State Of… — Writ and Judicial Review | Patna HC (2015)

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Patna High Court CWJC No.2634 of 2015 dt.19-02-2015

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2633 of 2015

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====================================================== Unitech Wireless ( Tamilnadu ) Pvt. Ltd. (formerly known as Unitech Wireless (East) Pvt. Limited), a Company incorporated under the Companies Act, 1956 having its registered office at Basement 6, Community Centre, Saket, New Delhi – 110017 and Circle Office at NH30, Patna- Fatuha Highway, Sabalpur (near Tedhiphul), P.O.+P.S. Didarganj, Patna – 800009 through its Senior Manager (Legal), Shri Sandip Bhowmick, son of Shri Suchit Kumar Bhowmick, resident of Ds-202, Ashiana Digha Road, P.O. B.V. College, P.S. Shastrinagar, District – Patna. .... .... Petitioner/s Versus 1. The State of Bihar through Commissioner of Commercial Taxes, having its office at Vikas Bhawan, Bailey Road, Patna. 2. Joint Commissioner of Commercial Taxes (Appeals), Central Division, Patna. 3. Commercial Taxes Officer, Patliputra Circle, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. D.V.Pathy, Advocate Mr. Abhi Sarkar, Advocate For the Respondent/s : Mr. Purnendu Singh, G.P. 27 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 19.02.2015

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Heard learned counsel for the petitioner and learned counsel for the State.

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The writ petition has been filed seeking a direction that the Appeal No. ST/PR-101/14-15 for the period 2013-14 filed by the petitioner and pending before the respondent no. 2, Joint Commissioner of Commercial Tax (Appeals), Central Division, Patna be directed to be disposed of

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Patna High Court CWJC No.2634 of 2015 dt.19-02-2015

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expeditiously and further to stay the demand notice dated 26.07.2014 issued by the respondent no. 3, Commercial Taxes Officer, Patliputra Circle, Patna.

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Learned counsel for the petitioner submits that, on the one hand, the appeal of the petitioner has been kept pending and on the other hand, the Department is taking coercive action against the petitioner.

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It is submitted by learned counsel for the petitioner that the case of the petitioner is covered by a decision of the Supreme Court in the case of Idea Mobile Communication Vs. Commissioner of Central Excise and Customs reported in 43 VST 1 (SC).

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Be that as it may, since the appeal of the petitioner has already been heard on several dates as it appears from the order sheet produced before us by learned counsel for the State and the next date is fixed on 23^rd February, 2015, the writ application is disposed of with a direction to the respondent no. 2 to dispose of the appeal filed by the petitioner, in

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Patna High Court CWJC No.2634 of 2015 dt.19-02-2015

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accordance with law as expeditiously as possible. The petitioner shall cooperate in the disposal of the appeal and conclude its arguments preferably on the next date fixed. So far as any case decided by higher forums upto the Supreme Court is concerned it would be open for the petitioner to cite the same before the Appellate Authority.

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Until the disposal of the appeal, no coercive action shall be taken against the petitioner.

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(Ramesh Kumar Datta, J)

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(Anjana Mishra, J)

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Jagdish/-

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Unitech Wireless Tamilnadu Pvt. Ltd. v. State Of Bihar and Ors.

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Unitech Wireless Tamilnadu Pvt. Ltd. v. State Of Bihar and Ors.

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