Nortel Networks India Pvt. Ltd. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.369 of 2015 ====================================================== Nortel Networks India Pvt. Ltd., A company incorporated under the Companies Act, 1956 through its authorized representative/signatory Sri Sanjany Kumar, Son of Lal Babu Singh resident of RZ-26, P1/153, Gali No.2, Indira Park, Main Palam Colony, Road, P.S. Palam, Near Sharma Health Centre, New Delhi having its registered office at Vatika Business Centre, Suite No.#25, First India Place, 2nd Floor, Block-B, Sushant Lok-1, Gurgaon-122002, Haryana .... .... Petitioner

Versus

1. The State of Bihar through Commissioner-Cum-Principal Secretary, Commercial Taxes, Vikas Bhawan, Bailey Road, Patna-800 001.

2. Commissioner of Commercial Taxes, Patna, Bihar.

3. Commercial Tax Officer, Pataliputra Circle, Patna .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Y.V. Giri, Sr. Advocate Mr. Brisketu Sharan Pandey, Advocate For the Respondents : Mr. Lalit Kishore Pr. AAG ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA And HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 07-01-2015 Heard learned counsel for the petitioner and learned counsel for the State.

In this writ petition the petitioner has challenged the order dated 09.04.2012 passed by the Assessing Authority upon remand under the Bihar Value Added Tax Act, 2005. The order is admittedly appealable before the statutory authority. Admittedly, no such appeal has been filed.

We see no reason to interfere with the order. The writ petition is dismissed on the ground of availability of alternative statutory remedy.

(Ramesh Kumar Datta, J) (Vikash Jain, J) U B.T/-