Disposed

Molson Coors Cobra India Pvt. Ltd., v. The State of Bihar

Patna HC22 Apr 2019CWJC/7763/2019

Case brief

AI extract

What is this about?

A writ petition was filed seeking a direction to the Commercial Taxes Department to consider a pending application for a VAT reimbursement/refund. The High Court directed the Deputy Commissioner to consider the application with a hearing opportunity within four weeks.

What did the court decide?

Directed the Deputy Commissioner, Commercial Taxes, Danapur Circle, Patna to consider the petitioner's application for refund within four weeks with a hearing opportunity.

Molson Coors Cobra India Pvt. Ltd., Vs The State of Bihar — Service and Employment | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7763 of 2019

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Molson Coors Cobra India Pvt. Ltd., a registered company incorporated under the Companies Act, 1956 having its registered office at 501, 10^th Floor, DLF Tower, District Centre Jasola, New Delhi-110025 through its authorized signatory Sri Santosh Kumar Gupta, Male, aged 44 years, son of Late Gupteshwar Prasad Gupta, resident of 88, Near Lal Chowk, Jai Ram Nagar, P.O. and P.S. Khagaul, Dist-Patna-801105

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... ... Petitioner/s

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Versus

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

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The Commissioner, Commercial Taxes, Bihar, Patna.

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The Deputy Commissioner of Commercial Taxes, Danapur Circle, District Patna.

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The Principal Secretary, Department of Industries, Government of Bihar, Patna.

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The Director of Industries, Department of Industries, Government of Bihar, Patna.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Satyabir Bharti, Adv. For the Respondent/s : Mr. Akash Chaturvedi, AC to SC-11. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 22-04-2019

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Heard Mr. Satyabir Bharti, learned counsel appearing for the petitioner and Mr. Akash Chaturvedi, learned Assisting Counsel to Standing Counsel No.11 for the State.

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The petitioner prays for a direction to respondent authorities in the Commercial Taxes Department to consider

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Patna High Court CWJC No.7763 of 2019 dt.22-04-2019 2/3

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his application for refund of an amount of Rs. 3,86,34,414.66 stated to be the VAT reimbursable amount payable to the petitioner under the Bihar Industrial Incentive Policy, 2011.

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Mr. Bharti invites our attention to the policy at Annexure-1 as well as the application dated 13.08.2018 at Annexure-8 to submit that it is under the policy of 2011 that the petitioner is entitled to refund for which an exhaustive application is filed before the Deputy Commissioner, Commercial Taxes, Danapur Circle, Patna but remains pending since 13.08.2018.

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Mr. Bharti informs that although the application is to the tune of Rs. 4.54 crores but the figure is reduced to the tune of Rs.3.86 crores in view of the explanation given at paragraph 14 of the writ petition which he would canvass before the Deputy Commissioner, Commercial Taxes for establishing the claim as set out.

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Having heard learned counsel for the parties and considering that the matter is yet pending, we would only direct the Deputy Commissioner, Commercial Taxes, Danapur Circle, Patna to consider the refund application of the petitioner dated 13.08.2018 in the backdrop of the relief claimed in the writ petition alongside the statement made in

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Patna High Court CWJC No.7763 of 2019 dt.22-04-2019 3/3

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paragraph-14 of the writ petition by giving opportunity of hearing to the petitioner within a period of four weeks from

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the date of receipt/production of a copy of this judgment.

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With the directions above, we dispose of the writ

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petition.

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(Jyoti Saran, J)

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( Anjani Kumar Sharan, J)

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Anjula/skpathak

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AFR/NAFR NAFR CAV DATE NA Uploading Date 27.04.2019 Transmission Date NA

Molson Coors Cobra India Pvt. Ltd., v. The State of Bihar

Case brief

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Molson Coors Cobra India Pvt. Ltd., v. The State of Bihar

Case brief

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