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Patna High CourtCWJC/13504/2018withdrawn

M/S Tafe Motors And Tractors Limited v. The State Of Bihar And ORS

2020-02-05The Chief Justice -,Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13502 of 2018 ====================================================== M/s Tafe Motors and Tractors Limited having one of its place of business at Vivekanand Park, Patliputra Colony, Police Station - Patliputra, District - Patna through its authorized signatory Kishor Kumar Mishra, Son of Sri Upendra Mishra, Resident of Ward No. 3, Ramauli, Police Station Sadar, District - Darbhanga.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Joint Commissioner of Commercial Taxes Appeals, Central Division, Patna.

3.

The Deputy Commissioner of Commercial Taxes, Patliputra Circle, Patna. 4.

The Assistant Commissioner of Commercial Taxes, Patliputra Circle, Patna. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 13504 of 2018 ====================================================== M/s Tafe Motors and Tractors Limited Son of Sri Upendra Mishra Resident of Ward No. 3, Ramauli, Police Station Sadar, District - Darbhanga. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Joint Commissioner of Commercial Taxes Appeals, Central Division, Patna.

3.

The Deputy Commissioner of Commercial Taxes, Patliputra Circle, Patna. 4.

The Assistant Commissioner of Commercial Taxes, Patliputra Circle, Patna. ... ... Respondent/s ====================================================== Appearance :

(In Civil Writ Jurisdiction Case No. 13502 of 2018) For the Petitioner/s :

Mr.Ajit Kumar For the Respondent/s :

Mr.Lalit Kishore - Ag (In Civil Writ Jurisdiction Case No. 13504 of 2018) For the Petitioner/s :

Mr.Ajit Kumar For the Respondent/s :

Mr.Vikash Kumar- Sc11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

Patna High Court CWJC No.13502 of 2018(4) dt.05-02-2020 2/3 (Per: HONOURABLE THE CHIEF JUSTICE) 05-02-2020 Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for following reliefs:- a) For quashing of the order dated 08.03.2018, passed by Joint Commissioner of Commercial Taxes (Appeal) Central Division, Patna whereby the petitioner's claim for the refund of the aforementioned amount was directed to be stayed in a very cryptic manner and without any basis.

b) For a direction upon the respondents to refund the amount of Rs.15,18,703.00/29,39,735.00 for the year 2013-14/2015-16 in view of the order dated 13.02.2018 passed by the Deputy Commissioner of Commercial Taxes whereby the claim for the refund of an amount of Rs.15,18,703.00/29,39,735.00 was admitted; and/or for any other relief(s) for which the petitioner may be found entitled to in the facts and circumstances of the

Patna High Court CWJC No.13502 of 2018(4) dt.05-02-2020 3/3 present case.

Learned counsel for the petitioners seek permission to withdraw the present petition reserving liberty to approach the authorities concerned afresh for redressal of his grievances. The writ petition is accordingly dismissed as withdrawn with the liberty aforesaid.

(Sanjay Karol, CJ) ( Mohit Kumar Shah, J) B.Kr./- U