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COMMERCIAL STEEL ENGINEERING CORPORATION vs. THE STATE OF BIHAR, THE JOINT COMMISSIONER OF STATE TAXES PATLIPUTRA CIRCLE, PATNA, THE ASSISTANT COMMISSIONER OF STATE TAXES PATLIPUTRA CIRCLE, PATNA
(Patna High Court)

Hon'ble Judges:

JYOTI SARAN
ARVIND SRIVASTAVA
Pet. Counsel
Gautam Kumar Kejriwal
Res. Counsel
Vikash Kumar

Petitioner / Applicant

COMMERCIAL STEEL ENGINEERING CORPORATION

Respondent THE STATE OF BIHAR, THE JOINT COMMISSIONER OF STATE TAXES PATLIPUTRA CIRCLE, PATNA, THE ASSISTANT COMMISSIONER OF STATE TAXES PATLIPUTRA CIRCLE, PATNA
Court Patna High Court
State

Bihar

Date Jun 27, 2019
Order No.

Civil Writ Jurisdiction Case No.2125 of 2019

Citation

2019(6) TAXREPLY 2139
Original Order
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ORDER

The petitioner by filing this writ petition under Article 226 of the Constitution of India has made the following prayer: “ a) For issuance of a writ in the nature of certiorari for quashing of the order dated 6.11.2018 passed by the respondent no.3 being illegal and without jurisdiction in terms of Section 73(1) of the Bihar Goods and Service Tax Act, 2017 (hereinafter referred to as the Act for short); b) For issuance of a writ in the nature of mandamus directing the respondents specially the respondent no.3 for grant of transitional credit or adjustment of excess of input tax credit against future liabilities of the petitioner for a sum of ₹ 18,33,304.76 and ₹ 20,79,256.00 which amount is lying with the respondent department in terms of order of assessment for the financial year 2007-08 and 2011-12. (c) For holding and a declaration that once the respondent department is holding in hand the excess of input tax credit already standing to the credit of the pet....

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