United Spirits Ltd. v. The State Of Bihar And ANR

Patna High Court CWJC No.7169 of 2016 (3) dt.19-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7169 of 2016 ====================================================== United Spirits Ltd., a Company incorporated under the Companies Act, 1956 having its registerd office at UB Towers 24, Vittal Mallya Road, Bangalore and its Works at Hathidah, P.O. + P.S. Hathidah, District- Patna through its Senior Manager (Accounts), Rajesh Kumar, Son of Late Muneshwar Pandit, resident of Hathidah, P.O. + P.S. Hathidah, DistrictPatna. .... .... Petitioner/s

Versus

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

2. Dy. Commissioner of Commercial Taxes, Barh Circle, Barh. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. D.V.Pathy Mr. Ram Naresh Jha Mr. Sadashiv Tiwari For the Respondent/s : Mr. Vikash Kumar, A.C. to PAAG ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 19-05-2016 I.A. No.4474 of 2016 The interlocutory application has been filed for quashing the circular letter dated 10.5.2016 issued by the Commissionercum-Principal Secretary, Commercial Taxes Department, Government of Bihar issued in supersession of the earlier notification dated 25.02.2016, which was challenged in the main writ application.

On a consideration of the facts and circumstances of the case, the prayer for amendment is allowed.

Patna High Court CWJC No.7169 of 2016 (3) dt.19-05-2016 I.A. No.4474 of 2016 is, accordingly, disposed of. Heard learned counsel for the petitioner and learned counsel for the State.

The present writ application raises the similar issue as in C.W.J.C. No.7167 of 2016, which related to the same petitioner with respect to the period 2012-13. The present matter relates to another period 2013-14.

Since the same issue is involved in the present matter, the writ application is disposed of in terms of the decision rendered today, 19.05.2016, in C.W.J.C. No.7167 of 2016. (Ramesh Kumar Datta, J) (Sudhir Singh, J) V.P.Sinha/- U