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PATLIPUTRA HYTECH INFRA PRIVATE LIMITED vs. STATE OF BIHAR & OTHER
(Patna High Court)

Hon'ble Judges:

K. VINOD CHANDRAN
PARTHA SARTHY
Pet. Counsel
Pravashankar Mishra
Res. Counsel
Vikash Kumar

Petitioner / Applicant

PATLIPUTRA HYTECH INFRA PRIVATE LIMITED

Respondent STATE OF BIHAR & OTHER
Court Patna High Court
State

Bihar

Date Aug 1, 2023
Order No.

Civil Writ Jurisdiction Case No.10741 of 2023

Citation

2023(8) TAXREPLY 8678

Original Order
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ORDER

The instant writ petition has been filed under Article 226 of the Constitution of India seeking multifarious reliefs. 2. The petitioner essentially is desirous of availing statutory remedy of appeal against the impugned order before the Appellate Tribunal (hereinafter referred to as "Tribunal") under Section 112 of the Bihar Goods and Services Tax Act (hereinafter referred to as "B.G.S.T. Act"). 3. However, due to non-constitution of the Tribunal, the petitioner is deprived of his statutory remedy under Sub-Section (8) and Sub-Section (9) of Section 112 of the B.G.S.T. Act. 4. Under the circumstances, the petitioner is also prevented from availing the benefit of stay of recovery of balance amount of tax in terms of Section 112 (8) and (9) of the B.G.S.T Act upon deposit of the amounts as contemplated under Sub-section (8) of Section 112. 5. The respondent State authorities have acknowledged the fact of non-constitution of the Tribunal and come out....

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