M/S Kanishka Carbons P Ltd. v. The State Of Bihar And ORS

Patna High Court CWJC No.2903 of 2015 (6) dt.02-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2903 of 2015 ======================================================

1. M/s Kanishka Carbons (P) Ltd., a Company incorporated under the Provisions of the Companies Act, 1956 having its registered office situated at N.H.-31, Papraura, P.S. + P.O. + District - Begusarai through Managing Director, Binod Kumar Hisaria son of Late Shiv Pratap Hisaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Commissioner Commercial Taxes, Bihar, Patna.

3. The Deputy Commissioner of Commercial Taxes, Begusarai Circle, Begusarai.

4. The Commercial Taxes Officer, Begusarai Circle Begusarai. .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 02-11-2015 Heard learned counsel for the petitioner. No one appears for the State.

Learned counsel for the petitioner submits that the principal amount of refund of Rs.2,94,930/- as Entry Tax for the financial year 2005-06 has been paid during the pendency of the writ application but the statutory interest on the said amount has not yet been paid.

In the aforesaid circumstances, the writ application is disposed of with the direction to the respondents to pay the statutory interest to the petitioner on the aforesaid principal amount within a period of six weeks from the date of receipt/production of a copy of this order.

V.P.Sinha/- (Ramesh Kumar Datta, J) (Sudhir Singh, J) U