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Patna High Court

M/s Bandhan BricksversusState of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted the petitioner liberty to challenge the appellate order under Section 112 of the Bihar GST Act and disposed of the writ petition.

Summary

M/s Bandhan Bricks filed a writ petition challenging two orders: one dated 23.03.2024 dismissing its appeal for the FY 2021-22, and another dated 13.09.2023 issued under Section 73 of the Bihar Goods and Services Tax Act, 2017, which it alleged was passed on mere estimates without proper evidence. The petitioner sought to set aside both orders and requested liberty to challenge the appellate order under Section 112 of the Act. The Patna High Court, after hearing counsel, granted the petitioner liberty to pursue the challenge under Section 112. No substantive decision on the merits of the two orders was made. Consequently, the writ petition was disposed of with the granted liberty.

Issues considered

  • Whether the petitioner is entitled to liberty to challenge the appellate order dated 23.03.2024 under Section 112 of the Bihar GST Act.
  • Whether the order dated 13.09.2023 passed under Section 73 of the Bihar GST Act can be set aside for lack of evidence.

Subjects

  • GST
  • Tax assessment
  • Writ petition
  • Section 112
  • Appellate order
  • Bihar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.13952 of 2025
                 ======================================================
                 M/s Bandhan Bricks a proprietary concern having its office at Bilari,
                 Katrisarai, District Nalanda 805105, Bihar through its authorized signatory
                 Shri Nagendra Kumar (Male, aged about 50 years), son of Late Laxmi
                 Narayan Sinha, resident of Mayapur, P.S. Katrisarai, Nalanda, Bihar-805105.

                                                                              ... ... Petitioner
                                                 Versus
           1.    State of Bihar through Commissioner of State Tax, Bihar, Patna having its
                 office at Vikas Bhawan, Patna.
           2.    Addl. Commissioner of State Tax (Appeal), Patna East Division, Patna.
           3.    Dy. Commissioner of State Tax, Biharsharif Circle, Biharsharif.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Ms. Maria Nazir, Advocate
                 For the Respondent/s   :      Mr. Standing Counsel 11
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                           and
                         HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

4   29-04-2026                    Heard the learned counsel for the parties.

                                  2. The present writ petition has been filed seeking

                   the following reliefs:

                                         “(i) the order dated 23.03.2024 (as
                                   contained in Annexure- P/4) passed by the
                                   respondent no. 2 dismissing the appeal for the
                                   period 2021-22 be set aside and quashed.

                                         (ii) the order dated 13.09.2023 (as
                                   contained in Annexure- P/3 series) passed by the
                                   respondent no. 3 under Section 73 of the Bihar
                                   Goods and Services Tax Act, 2017 (hereinafter
                                   called the Act) for the period 2021-22 merely on
                                   estimate and without any cogent evidence or
                                   material on record in contravention of Section 7
                                   and 9 of the Act be set-aside and quashed.”
          Patna High Court CWJC No.13952 of 2025(4) dt.29-04-2026
                                                     2/2




                                    3. At the outset, the learned counsel for the

                    petitioner seeks liberty on behalf of the petitioner to challenge

                    the appellate order dated 23.03.2024, passed by the learned

                    Additional Commissioner (Appeal) of State Tax, Patna East

                    Division, Patna, by availing the remedy provided for under

                    Section 112 of the Bihar Goods and Services Tax Act, 2017.

                                    4. Liberty so sought is granted.

                                    5. Accordingly, the present writ petition stands

                    disposed off with the aforesaid liberty.



                                                               (Mohit Kumar Shah, J)


                                                                (Arun Kumar Jha, J)

Shahnawaz/-

U


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