Dismissed

Den Natworks Ltd. v. The State Of Bihar and Anr.

Patna HC17 May 2016CWJC/6577/2016

Case brief

AI extract

What is this about?

The Patna High Court dismissed a writ application filed by Den Natworks Ltd. against an order passed under Section 31(2) of the Bihar VAT Act. The court held that since a statutory remedy of appeal is available and no sufficient ground exists to interfere, the writ application stands dismissed.

What did the court decide?

The writ application was dismissed with liberty to the petitioner to file an appeal before the statutory authority.

Den Natworks Ltd. Vs The State Of Bihar and Anr. — GST and Indirect Tax | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.6577 of 2016

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=========================================================== Den Natworks Ltd., company incorporated under the Companies Act, 1956 having its office at Anam Plaza, 4th floor (above Usha Martin College), Near IMA Hall, South Gandhi Maidan, P.O. Bankipur, P.S. Gandhi Maidan, District- Patna through its Senior Executive, Neeraj Pathak, son of Shri Nandu Pathak, resident of villageSarmastpur, P.O. Garhsisai, P.S. Vidyapati Nagar, District- Samastipur

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.... .... Petitioner/s

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Versus

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The State of Bihar through the Commissioner of Commercial Taxes, having its office at Vikas Bhawan, Bailey Road, Patna 2. Commercial Taxes Officer, North Circle, Patna

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.... .... Respondent/s

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=========================================================== Appearance : For the Petitioner/s : Mr. D.V.Pathy For the Respondent/s : Mr. Vikash Kumar, AC 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 SUDHIR SINGH

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ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) Date: 17-05-2016

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Heard learned counsel for the petitioner and learned

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counsel for the State.

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It is not in dispute that the impugned order dated 17.02.2016 passed by the Commercial Taxes Officer, North Circle, Patna is amenable to statutory remedy of appeal.

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It is submitted by learned counsel for the petitioner that various submissions made orally before the Respondent no. 2 have not at all been considered in the impugned order dated 17.02.2016 for the year 2014-15 passed under Section 31(2) of the

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Patna High Court CWJC No.6577 of 2016 dt.17-05-2016

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2/2

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Bihar Value Added Tax Act, 2005.

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Be that as it may, we do not find any ground to interfere in the writ jurisdiction in the given circumstances. The writ application is, accordingly, dismissed with liberty to the petitioner to file an appeal before the statutory authority.

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(Ramesh Kumar Datta, J)

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S.Pandey/-

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(Sudhir Singh, J)

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AFR/NAFR CAV DATE Uploading Date21.06.2016 Transmission Date

Den Natworks Ltd. v. The State Of Bihar and Anr.

Case brief

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Den Natworks Ltd. v. The State Of Bihar and Anr.

Case brief

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