Metcon India Realty And Infrastructure Pvt. Ltd. v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15219 of 2018 ====================================================== Metcon India Realty And Infrastructure Pvt. Ltd. and branch Office at Main Road Atardah, Musahri, Muzaffarpur a through its Project Coordinator Satvinder Singh Sethi son of Late Har Charan Singh Sethi resident of C 53, Rameshwar Society, S.V. Road, P.O. P.S. Santa Cruz West, Mumbai - 400054. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Commercial Taxes Officer, Muzaffarpur East Circle, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Lalit Kishore- Ag ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 04-02-2020 Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner prays for following reliefs:- "i) The order dated 30.06.2018 (as contained in Annexure-4 series) passed by the respondent no. 2 for the period 2016-17 under section 31 of the Bihar Value Added Tax Act, 2005 be quashed.

ii) For granting any other relief (s) to which the petitioner is otherwise found entitled to".

The lis in issue stands purely covered with a judgment rendered by a coordinate Bench of this Court dated 21.06.2019, passed in CWJC No.16973 of 2018, titled as Rahul Kirti v. The State of Bihar and others and, as such, it is jointly prayed that

Patna High Court CWJC No.15219 of 2018(3) dt.04-02-2020 2/2 the instant petition be disposed of in terms thereof. As such, as jointly prayed for, the present petition is disposed of making the directions contained in CWJC No.16973 of 2018 (supra) applicable as far as possible also to the instant case.

The impugned order dated 30.06.2018 (Annexure-4 series) stands quashed and the parties are directed to appear before the assessing officer/authorities on 03.03.2020 at 10:30 A.M. and place on record copy of the instant order as also the one rendered order in CWJC No.16973 of 2018.

Learned counsel for the parties undertake to fully cooperate and not to take any unnecessary adjournments. As such, the assessing officer is expected to conclude the proceedings at the earliest and not later than three months, thereafter.

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