M/S Hindustan Construction Company Ltd. v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3725 of 2017 =========================================================== M/s Hindustan Construction Company Ltd. having its registered office at Hincon House, LBS Road, Vikhroli West Mumbai, through its authorized signatory namely Sachin Karkhanis, son of Yashwant Karkhanis, resident of Mumbai .... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary cum Commissioner, Department of Commercial Taxes, New Secretariat, Bailey Road, Patna.
2. The Principal Secretary cum Commissioner, Department of Commercial Taxes, New Secretariat, Bailey Road, Patna.
3. The Deputy Commissioner of Commercial Taxes, Munger. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Gautam Kejriwal, Advocate Mr. P.K. Mishra, Advocate Mr. Atal Bihari Pandey, Advocate For the Respondent/s : Mr. Lalit Kishore, PAAG-1 =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 09-03-2017 Let the defects be ignored.
2. Heard learned counsel for the parties.
3. The grievance of the petitioner is that in a revision filed almost two years back, four stay applications were preferred but none has been decided. On the other hand, the Assessing Officer has issued an order for attachment which has been kept in abeyance provided the tax as demanded is paid in four instalments.
4. It is pointed out that out of four, two instalments have already been paid.
Patna High Court CWJC No.3725 of 2017 dt.09-03-2017 2/2
5. Mr. Lalit Kishore, learned Principal Additional Advocate General states that the matter is fixed before the Revisional Authority on 17th of March, 2017 and that the application for stay and/ or revision shall be decided on that day or soon thereafter. It is also stated that till such time the revision is decided, the State will keep the order of attachment in abeyance.
6. In view of the said fact, the present writ application is disposed of with the hope that the Revisional Authority will decide the revision petition expeditiously and till the decision of the revision petition, the order of attachment shall be kept in abeyance. (Hemant Gupta, ACJ) (Sudhir Singh, J) P.K.P.
AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 10.03.2017 Transmission Date