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Patna High CourtCWJC/18594/2016withdrawn

Micromax Informatics Ltd. v. The State Of Bihar And ORS

2018-09-12Mr. Justice Ashutosh Kumar,The Chief Justice3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18569 of 2016 ====================================================== Micromax Informatics Ltd., a company registered under the Indian laws having its warehouse at C/o. Neeta Enterprises Sabajpura more, Phulwari sarif, Patna- 801505, through its Authorized Signatory Sudhir Kumar Singh, son of Uday Shankar Singh aged about 31 years, Resident of Sector- 368-A, Panch Mandir Road, West near Lohia Nagar, Sub Post office, RF 121, Kankarbagh, Patna-800020.

... ... Petitioner/s

Versus

1. The State of Bihar through the Commissioner of Commercial Taxes, Bihar Patna having office at Old Secretariat, PO- Saschivalya, Patna.

2. The Commissioner of Commercial Taxes having its office at Vikas Bhawan, Bailey Road, Patna.

3. The Dy Commissioner of Commercial Taxes, Patna South Circle,

4. The Assistant Commissioner of Commercial Taxes, Patna South Circle.

5. Commercial Taxes Officer, Patna South Circle. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 19821 of 2016 ====================================================== Micromax Informatics Ltd., a company registered under the Indian laws having its warehouse at C/O. Neeta Enterprises Sabajpura more, Phulwari sarif, Patna - 801505, through its Authorized Singnatory Sudhir Kumar Singh, S/o Uday Shankar Singh aged about 31 years, Resident of Sector- 368A, Panch Mandir Road, West Near Lohiya Nagar, Sub Post office, RF 121, Kankerbagh, Patna- 800020 ... ... Petitioner/s

Versus

1.The State of Bihar through the Commissioner of Commercial Taxes, Bihar Patna having office at Old Secretariat, Po- Saschivalya, Patna. 2.The Commissioner of Commercial Taxes having its office at Vikas Bhawan, Bailey Road, Patna.

3.The Dy Commissioner of Commercial Taxes, Patna South Circle. 4.The Assistant Commissioner of Commercial Taxes, Patna South Circle.

5. Commercial Taxes Officer, Patna South Circle. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 18716 of 2016 ====================================================== Micromax Informatics Ltd., a company registered under the Indian laws having its warehouse at C/o. Neeta Enterprises Sabajpura more, Phulwari sarif, Patna - 801505, through its Authorized Signatory Sudhir Kumar Singh, son of Uday Shankar Singh aged about 31 years, Resident of Sector-368-A

Patna High Court CWJC No.18569 of 2016(5) dt.12-09-2018 2/3 Panch Mandir Road, West Near Lohia Nagar, Sub Post office, RF 121, Kankarbagh, Patna-800020 ... ... Petitioner/s

Versus

1.The State of Bihar through the Commissioner of Commercial Taxes, Bihar Patna having office at Old Secretariat, PO- Saschivalaya, Patna 2.The Commissioner of Commercial Taxes having its office at Vikas Bhawan, Bailey Road, Patna.

3.The Dy Commissioner of Commercial Taxes, Patna South Circle 4.The Assistant Commissioner of Commercial Taxes, Patna South Circle. 5.Commercial Taxes Officer, Patna South Circle. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 18594 of 2016 ====================================================== Micromax Informatics Ltd, a Company registered under the Indian Laws having its warehouse at C/o. Neeta Enterprises Sabajpura more, Phulwari Sarif, Patna- 801505, through its Authorized Signatory Sudhir Kumar Singh, Son of Uday Shankar Singh aged about 31 years Resident of Sector -3698-A, Panch Mandir Road, West Near Lohia Nagar, Sub Post Office, RF 121, Kankarbagh, Patna-800020.

... ... Petitioner/s

Versus

1. The State of Bihar through the Commissioner of Commercial Taxes, Bihar Patna having office at Old Secretariat, PO- Saschivalya, Patna.

2. The Commissioner of Commercial Taxes having its Office at Vikash Bhawan, Bailey Road, Patna.

3. The Dy Commissioner of Commercial Taxes, Patna South Circle.

4. The Assistant Commercial of Commercial Taxes, Patna South,Circle.

5. The Commercial Taxes Officer, Patna South Circle. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 12-09-2018

1. Learned counsel appearing on behalf of the respective petitioner seeks permission to withdraw the present

Patna High Court CWJC No.18569 of 2016(5) dt.12-09-2018 3/3 petitions as what is challenged in the present petitions is the demand notice on the basis of the assessment orders for respective assessment years and according to him in fact the assessment orders are already under challenge by way of independent separate proceedings.

2. Without expressing anything on merits with respect to the entertainability or maintainability of such petitions before this Court against the assessment orders, learned counsel appearing for the respective petitioner is permitted to withdraw the present petitions.

3. All these writ petitions stand dismissed as withdrawn.

(Mukesh R. Shah, CJ) (Ashutosh Kumar, J) P.K.P./-R.S.Sen U