M/S New Swadeshi Sugar Mills v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17533 of 2015 ====================================================== M/s. New Swadeshi Sugar Mills, Prop. The Oudh Sugar Mills Ltd., P.O. and P.S. Narkatiaganj and District West Champaran through its Executive Vice President ( Comm. ) Sushil Kumar Poddar Son of Sri Madan Lal Poddar .... .... Petitioner

Versus

1. The State of Bihar

2. The Commissioner - cum - Principal Secretary, Commercial Taxes Department, Bihar having its Office at Vikash Bhawan, Bailey Road, Patna

3. The Deputy Commissioner of Commercial Taxes, In - Charge, Bettiag Circle, Bettiah ( West Champaran ) .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ramesh Kumar Agrawal, Advocate with Mr. Shive Kumar, Advocate For the Respondent/s : Mr. Vikash Kumar, AC to PAAG ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 27-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.

In the case of the petitioner pertaining to the period 2011-12 being CWJC No. 17515 of 2015 against the same order of the Tribunal this Court has directed that there shall be stay of the remaining amount as the petitioner has deposited 20% of the disputed amount under Section 73 of the Bihar VAT Act. It is agreed by the parties that the facts of the present matter which pertains to the period 2010-11 are wholly on the

Patna High Court CWJC No.17533 of 2015 (2) dt.27-11-2015 same footing as that of the other writ application. Accordingly, the writ application is disposed of in the same terms as the order passed in CWJC No. 17515 of 2015. (Ramesh Kumar Datta, J) (Sudhir Singh, J) spal/- U