Pinax Steel Industries Pvt. Ltd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2835 of 2020 ====================================================== Pinax Steel Industries Pvt. Ltd. a registered Company having its registered Office at 227, AJC Bose Road, 2nd Floor, Anand Lok Building, Kolkata through its Authorised representative Namely Kumar Manglam, Son of Sanjay Kumar Khemka, Resident of 3 B and C Savita Apartment, Alpana Market, Patliputra, P.S. Patliputra, Patna- 800013 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Cum Commissioner, Department of States Taxes, Government of Bihar, Patna. 2.

The Joint Commissioner of State Taxes, Central Circle, Patna. 3.

The Assistant Commissioner of State Taxes, Central Circle, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gautam Kumar Kejriwal For the Respondent/s :

Mr.Vikash Kumar (Sc11) Mr. Revati Raman, AC to SC 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH and HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 20-02-2020 Heard learned counsels for the parties.

The present writ application has been filed for a direction to the respondent authorities to grant refund of Rs.45,66,632.57 with interest for the financial years 2011-12. The relief as prayed for in paragraph 1 of the writ application

Patna High Court CWJC No.2835 of 2020(2) dt.20-02-2020 2/3 reads as follows:

"1.That the present writ application has been filed for a direction upon the respondents to grant refund of the input tax credit for a sum of Rs.4,566,632.57/- with interest which has been lying due with the respondents and the application for refund of which filed in form A- XIV is pending before the respondents since long without any reasonable cause and for grant of any other relief or reliefs to which the petitioner is found entitled in the facts and circumstances of this case."

Mr. Gautam Kejriwal, learned counsel for the petitioner now confines his prayer only to the extent of disposal of the representation filed for refund as contained in Annexure 2 by the concerned respondent authority. He further submits that the petitioner is ready to file a modified representation in the new format prescribed under the G.S.T. Act.

Learned counsel for the respondents has no objection to the confined prayer of learned counsel for the petitioner. In the circumstances, this writ application is disposed of.

It is expected from the concerned respondent to

Patna High Court CWJC No.2835 of 2020(2) dt.20-02-2020 3/3 dispose of the representation of the petitioner within a period of four weeks from the date of its filing.

(Dinesh Kumar Singh, J) ( Anil Kumar Sinha, J) anil/- U