Disposed

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

Patna HC6 Oct 2016CWJC/16861/2016

Case brief

AI extract

What is this about?

Writ application challenging a penalty order for lack of transport documents. The Court ordered release of seized truck and goods against a Bank Guarantee of Rs.4,31,060/- and permitted appeal to the appellate authority. Application disposed of.

What did the court decide?

Release of seized truck and goods against Bank Guarantee of Rs.4,31,060/-; liberty to appeal the impugned order.

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16861 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.

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.... .... Petitioner/s

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Versus 1. The State of Bihar through the Commissioner of Commercial Taxes Bihar, Patna, its office at Vikash Bhawan, Bailey Road, Patna. 2. The Joint Commissioner of Commercial Taxes, Magadh Division, Gaya. 3. 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.

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.... .... Respondent/s

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Appearance : For the Petitioner/s : Mr. Akhilesh Kumar, Advocate For the Respondent/s : Mr. Pawan Kumar, AC to GA 1

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=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA

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and

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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.4,31,060/- 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 released along with the goods and that the petitioner shall avail the

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Patna High Court CWJC No.16861 of 2016 dt.06-10-2016

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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. HR-55J-2476 along with the seized goods is directed to be released in favour of the petitioner on furnishing Bank Guarantee of Rs.4,31,060/-. 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.

Case brief

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