Dismissed

Food Corporation Of India v. The State Of Bihar and Ors.

Patna HC22 Jul 2015CWJC/6349/2015

Case brief

AI extract

What is this about?

The Patna High Court disposed of two writ applications filed by Food Corporation of India challenging tax orders. Since the petitioner had already lodged tax and a statutory appeal remedy was available, the court dismissed the petitions.

What did the court decide?

Liberty to file an appeal before the statutory Appellate Authority within four weeks along with application for condonation of delay.

Food Corporation Of India Vs The State… — Constitutional and Fundamental Rights | Patna HC (2015)

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Patna High Court CWJC No.6338 of 2015 (4) dt.22-07-2015

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6338 of 2015

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======================================================

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Food Corporation Of India a Government of India undertaking having its Regional Office at Arunachal Bhawan, Exhibition Road, Patna through its Assistant General Manager (Taxation)

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.... .... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary-cumCommissioner, Department of Commercial Taxes, Government of Bihar, Patna.

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The Deputy Commissioner of Commercial Taxes, Patliputra Circle, Patna

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The Assistant Commissioner of Commercial Taxes, Patliputra Circle, Patna

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.... .... Respondent/s

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======================================================

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with

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Civil Writ Jurisdiction Case No.6349 of 2015

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======================================================

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Food Corporation Of India a Government of India undertaking having its Regional Office at Arunachal Bhawan, Exhibition Road, Patna through its Assistant General Manager (Taxation)

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.... .... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary-cumCommissioner, Department of Commercial Taxes, Government of Bihar, Patna.

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The Deputy Commissioner of Commercial Taxes, Patliputra Circle, Patna

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The Assistant Commissioner of Commercial Taxes, Patliputra Circle, Patna

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.... .... Respondent/s

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====================================================== Appearance : (In CWJC No.6338 of 2015)

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For the Petitioner/s : Mr. Gautam Kumar Kejriwal For the Respondent/s : Mr. Vikash Kumar, A.C. to PAAG (In CWJC No.6349 of 2015)

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For the Petitioner/s : Mr. Gautam Kumar Kejriwal For the Respondent/s : Mr. Vikash Kumar, A.C. to PAAG

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====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA

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and

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HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA)

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Patna High Court CWJC No.6338 of 2015 (4) dt.22-07-2015

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4 22-07-2015

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Heard learned counsel for the petitioners in both the

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cases and learned counsel for the State.

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Admittedly, the petitioner has already deposited the demanded tax, which is involved in C.W.J.C. No.6338 of 2015.

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The petitioner has statutory alternative remedy of appeal available to it.

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In the aforesaid circumstances, both the writ applications are disposed of with a liberty to the petitioner to file an appeal before the statutory Appellate Authority, who shall consider and dispose of the same in accordance with law.

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It is made clear that we have not looked into the merits of the matter. In case the petitioner files an appeal within a period of four weeks from today along with an application for condonation of delay in filling the same, then the Appellate Authority shall consider the same keeping in view the fact that the petitioner has been pursuing its remedy before this Court.

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(Ramesh Kumar Datta, J)

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V.P.Sinha/-

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(Amaresh Kumar Lal, J)

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Food Corporation Of India v. The State Of Bihar and Ors.

Case brief

What is this about?

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Food Corporation Of India v. The State Of Bihar and Ors.

Case brief

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