Zinka Logistics Solution Pvt. Ltd. v. The State Of Bihar And ANR
Patna High Court CWJC No.10496 of 2016 dt.01-07-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10496 of 2016 =========================================================== Zinka Logistics Solution Pvt. Ltd., a company incorporated under the Companies Act, 1956 having its office at Feather Light Developers, 6th Floor, No. 17/1, Opposite Cessna Business Park, Kaverappa Layout, Kadubee Sanahauli Beellandur, P.O. + P.S. Bellandur, Bagaluru (Karnataka)- 560103 through its Senior Executive Operation, Manoj Kumar Rai, son of Late Prem Chandra Rai, resident of 17, Girish Bose Road P.O. Belur Math, P.S. Belur, District- Howrah. .... .... Petitioner
Versus
1. The State of Bihar through Commissioner of Commercial Taxes, Bihar having its office at Vikas Bhawan, Bailey Road, Patna
2. Commercial Taxes Officer, Integrated Check Post, Jalalpur, Gopalganj .... .... Respondent =========================================================== Appearance :
For the Petitioner/s : Mr. D.V.Pathy Mrs. Manju Jha, Advocates For the State : Mr. Purnendu Singh GP-27 =========================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) Date: 01-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The writ application although filed for quashing of the order dated 31.5.2016 passed by the Respondent No. 2, the Commercial Taxes Officer, Integrated Check Post, Jalalpur, Gopalganj imposing penalty under Section 60(4) (b) read with Section 56(4)(b) of the Bihar Value Added Tax Act, 2005, but learned counsel for the petitioner, in view of the alternative statutory remedy, confines his prayer to release of the truck along
Patna High Court CWJC No.10496 of 2016 dt.01-07-2016 with the goods laden thereon on furnishing Bank Guarantee. In the above circumstances, the writ application is disposed of with liberty to the petitioner to take recourse to the statutory remedy against the impugned order.
However, upon furnishing Bank Guarantee for Rs 3,39,820/- before the respondent no. 2, the Commercial Taxes Officer, Jalalpur, Gopalganj, the vehicle along with the goods laden thereon shall be released forthwith.
Learned counsel for the State shall inform the Respondent No. 2 about this order so that the truck and the goods laden thereon are released without insisting upon the certified copy of this order.
(Ramesh Kumar Datta, J) (Sudhir Singh, J) S.Pandey/- AFR/NAFR NAFR CAV DATE Uploading Date 04.07.2016 Transmission Date