M/s Varuna Integrated Logistic Pvt. Ltd. v. The State Of Bihar and Ors.

Patna HC6 Oct 2016CWJC/16831/2016

Case brief

AI extract

What is this about?

The High Court at Patna disposed of a writ application challenging a commercial tax penalty imposition. The Court ordered the release of the seized truck and goods upon furnishing a bank guarantee of Rs.95,160/-, permitting the petitioner to pursue an appeal against the impugned order.

What did the court decide?

Truck and goods released on deposit of Bank Guarantee of Rs.95,160/-; liberty to appeal granted; suit disposed.

M/s Varuna Integrated Logistic Pvt. Ltd. Vs The State Of… — Banking and Recovery | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.16831 of 2016

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M/s Varuna Integrated Logistic Pvt. Ltd. In corporate under the Companies Act having its corporate office at Plot No.619 Rangpuri, P.O. Mahipalpur Extension New Delhi 110037, registered office at Shahjahanpur Road, Shyamganj Barailly (U.P.) through its Assistant Manager Employee of the Company as General Attorney Mahesh Kumar son of Late Nahan Singh Permanent resident of Pali, P.S.Mahendragarh, District Mahendragarh (Haryana) presently residing at Plot No. 619 Rangpuri P.O. Mahipalpur, New Delhi. .... .... Petitioner/s Versus 1. The State of Bihar through the Commissioner of Commercial Taxes Bihar, Patna, its office at Vikash Bhawan, Bailey Road, Patna.

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The Joint Commissioner of Commercial Taxes, Magadh Division, Gaya.

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The Deputy Commissioner of Commercial Taxes, Integrated Check Post, Dobhi. 4. The Assistant Commissioner, Commercial Taxes, Integrated Check Post, Dobhi, Gaya. 5. The Commercial Tax Officer, Integrated Check Post, Dobhi, Gaya. .... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. Akhilesh Kumar, Advocate For the Respondent/s : Mr. Vivek Prasad, GP 7 =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and

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.... .... Respondent/s

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HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT

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(Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 06-10-2016

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Heard learned counsel for the petitioner and the State.

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Challenge in the present writ application is to an order dated 22.09.2016 imposing Rs.95,160/- as penalty for not carrying proper documents for transporting consignment of petitioner M/S. Varuna Integrated Logistic Pvt. Ltd., Plot No.619 Rangpuri, P.O. Mahipalpur Extension, New Delhi 110037.

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Learned counsel for the petitioner states that on deposit of the amount of penalty, the truck may be ordered to be

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Patna High Court CWJC No.16831 of 2016 dt.06-10-2016

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released along with the goods and that the petitioner shall avail the remedy of appeal against the order impugned passed by the Deputy Commissioner of Commercial Taxes, Integrated Check Post, Dobhi, Gaya.

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Learned counsel for the respondents has no objection to such a course being taken.

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In that view of the matter, Truck No. NL01Q-2505 along with the seized goods is directed to be released in favour of the petitioner on furnishing Bank Guarantee of Rs.95,160/-. The petitioner shall also be at liberty to avail remedy of appeal against the order impugned dated 22.09.2016 passed by the Deputy Commissioner of Commercial Taxes, Integrated Check Post, Dobhi, Gaya.

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With the above observation/direction, this writ application is disposed of.

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(Hemant Gupta, J)

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(Ahsanuddin Amanullah, J)

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Anjani/P.Kumar

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AFR/NAFR	NAFR
CAVDATE	N/A
UploadingDate	06.10.2016
Transmission Date	06.10.2016

M/s Varuna Integrated Logistic Pvt. Ltd. v. The State Of Bihar and Ors.

Case brief

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M/s Varuna Integrated Logistic Pvt. Ltd. v. The State Of Bihar and Ors.

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