Venky Re Rolling Private Limited Company v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5165 of 2023 ====================================================== Venky Re Rolling Private Limited a Private Limited Company incorporated under the Companies Act, 1956 having its office at NH 31, ByPass Road, Belouri, Bihar-854326 through its authorized signatory Pankaj Kumar (Male aged about 46 years) son of Late Vijay Kumar Gupta, resident of Ward No. 5, Shokhara 01, Barauni, Begusarai, Bihar-851112. ... ... Petitioner/s

Versus

1.

State of Bihar through Commissioner of State Tax, Bihar, Patna having its office at Vikas Bhawan, Patna.

2.

Addl. Commissioner of State Tax (Appeal), Purnea Division, Purnea. 3.

Dy. Commissioner of State Tax, Purnea, Bihar. 4.

Asst. Commissioner of State Tax, Purnea, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. D.V.Pathy, Advocate For the Respondent/s :

Mr.Sajid Salim Khan ( SC-25 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 24-04-2023 The petitioner is concerned with the assessment order passed on 10.10.2019, which is produced as Annexure-1 series in the writ petition. As per Section 62 of the Bihar Goods and Services Tax Act, 2017 ("BGST Act" hereafter) where a registered person fails to furnish the

2/4 return under Section 39 or Section 45, even after the service of a notice under Section 46, the proper officer is empowered to assess the tax liability to the best of his judgment, within a period of five years from the date specified under Section 44 for furnishing of the annual return. Sub-section (2) of Section 62 also provides that when such an assessment order is made, if the registered person furnishes a valid return within thirty days of the service of the assessment order then the assessment order will stand withdrawn but the liability for payment of interest under sub-section (1) of Section 50 and the liability to late fee under Section 47 would continue.

The petitioner obviously did not comply with subsection (2) of Section 62 by filing a return within one month of the issuance of the assessment order. Now, the Government of India has on the recommendation of the GST Council, brought out the following notification:-

3/4 Learned counsel for the petitioner submits that in accordance with the notification, a return has been filed and the liability to interest and late fee also satisfied. Definitely, the Assessing Officer would be entitled to verify whether there is due compliance under the notification, herein above extracted, and if the compliance is in accordance with the

4/4 notification, the assessment order would stand withdrawn. The writ petition stands allowed.

(K. Vinod Chandran, CJ) ( Madhuresh Prasad, J) shyambihari/- AFR/NAFR CAV DATE Uploading Date Transmission Date