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STARLON NATURALS PRIVATE LIMITED vs. THE STATE OF BIHAR & OTHERS
(Patna High Court)

Hon'ble Judges:

HARISH KUMAR
Pet. Counsel
Archana Sinha
Res. Counsel
Standing Counsel (11)

Petitioner / Applicant

STARLON NATURALS PRIVATE LIMITED

Respondent THE STATE OF BIHAR & OTHERS
Court Patna High Court
State

Bihar

Date May 16, 2024
Order No.

Civil Writ Jurisdiction Case No. 8252 of 2024

Citation

2024(5) TAXREPLY 10788

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ORDER

ORAL JUDGMENT Per: HONOURABLE THE CHIEF JUSTICE 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 orders before the Appellate Tribunal (hereinafter referred to as "Tribunal") under Section 112 of the Bihar Goods and Services Tax Act (here in after 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 acknowledge....

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