M/S Isolux Corsan India Engineering And Construction Pvt. Ltd. v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11038 of 2015 ====================================================== M/s Isolux Corsan India Engineering and Construction Pvt. Ltd. A Company incorporated under the Provisions of the Company Act. 1956, having its registered office at 2nd Floor, Block - 2, Vatika Business Park, Sohna Road, Sector - 49, Gurgaon - 122001, and Project Office at Vandana Sadan, Pali Road, Dehri On Sone, Dihri, Rohtas, Bihar. .... .... Petitioner/s
Versus
1. The State of Bihar through Ministry of Finance, Government of Bihar, Patna.
2. Commissioner, Commercial Tax Department, New Secretariat, Patna.
3. Joint Assistant Commissioner, Commercial Taxes, Aurangabad Circle.
4. Assistant Commissioner, Commercial Taxes, Sasaram Circle.
5. Soma Isolux Varanasi, Aurangabad Tollway Private Limited, having registered office at - 8th Floor, Block - B, Vatika Towers, Golf Links Road, Sector - 54, Gurgaon - 122002, Haryana, India, And Project Office at - N.A. Old GT Road, Danibigha, Aurangabad - 824101.
6. Isolux Corsan India - C & C, JC, a Joint Venture between Isolux Corsan India Engineering and Construction Pvt. Ltd, and C & C Construction Ltd. Having its office at Plot No. 70, Sector - 32 Gurgaon and Project Office at Vandana Sadan, Pali Road, Dehri-On-Sone, Dihri, Rohtas, Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Singh, Sr. Advocate Mr. Anurag Saurav, Advocate For the State : Mr. Vikash Kumar, AC to PAAG ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA And HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 27-08-2015 The order under challenge passed by the Commissioner, Commercial Taxes under Section 77 of the Bihar Value Added Tax Act, 2005 is appealable under Section 73(1) of the Act.
In the aforesaid circumstances, the writ
Patna High Court CWJC No.11038 of 2015 (2) dt.27-08-2015 2/2 application is disposed of with liberty to the petitioner to take recourse to appropriate statutory remedy under the Bihar VAT Act.
Let the matter be disposed of expeditiously by the Tribunal in case an appeal is filed before it. (Ramesh Kumar Datta, J) (Anjana Mishra, J) S.Pandey/- U