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Patna High Court

Era Infra Engineering LimitedversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted liberty to the petitioner to file an appeal under Section 72 of the Bihar Value Added Tax Act within four weeks and disposed of the writ petition.

Summary

Era Infra Engineering Ltd filed a writ petition challenging several orders of the Bihar tax authorities that rejected its request for scrutiny of VAT returns for FY 2013‑14 to 2017‑18, imposed tax, penalty and interest, and denied refunds for earlier years. The petitioner sought quashing of the orders and a direction to complete assessment and release refunds. The respondents did not oppose the petitioner’s request to file an appeal under Section 72 of the Bihar Value Added Tax Act. The High Court held that it was appropriate to grant the petitioner liberty to file such an appeal within four weeks and directed the appellate authority to decide the appeal within six weeks. Accordingly, the writ petition was disposed of on those terms.

Issues considered

  • Whether the High Court can grant liberty to file an appeal under Section 72 of the Bihar Value Added Tax Act in a writ petition
  • Whether the orders rejecting VAT scrutiny and imposing tax, penalty and interest can be quashed by a writ
  • Whether the court can direct the tax authorities to complete assessment and release refunds

Legislation cited

Subjects

  • VAT
  • Value Added Tax
  • refund
  • penalty
  • writ of certiorari
  • writ of mandamus
  • Section 72 appeal
  • Bihar
  • tax assessment
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.18806 of 2025
                 ======================================================
                 Era Infra Engineering Limited having CIN L74899DL1990PLC041350 and
                 registration number 41350, registered address at B- 292, Chandra Kanta
                 Complex, Shop No.2 and 3, Near Metro Pillar No. 161, New Ashok Nagar,
                 New Delhi- 110096, through its Authorized Representative Mr. Ram Balak @
                 Ram Balak Gupta, Male, Aged about 53 years, Son of Bhikhar Sah, resident
                 of Mohari, P.O.- Kamrauli, P.S.- Tariyani, District- Sheohar, Bihar- 843329.

                                                                                                .
                                                                              .. ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Joint Commissioner of State Tax, Aurangabad Circle, Aurangabad.
           3.    The Commercial Taxes Officer, Aurangabad Circle


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Ms. Smriti Singh, Advocate

                                                 Mr. Samir Kumar, Advocate

                                                Ms. Sippy Singh, Advocate

                 For the Respondent/s   :        Mr. Vivek Prasad, GP-7

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   04-02-2026                   The present writ petition has been filed seeking the

                   following relief(s):-

                                                      a. For issuance of a writ of
                                            Certiorari or any other appropriate
                                            writ, order, or direction for quashing
                                            the Impugned Order dated 30.08.2025
Patna High Court CWJC No.18806 of 2025(2) dt.04-02-2026
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                                  passed by Respondent No. 2, whereby
                                  the Petitioner’s request for scrutiny
                                  and assessment of VAT records for
                                  Financial Years (‘FYs’) 2013-14 to
                                  2017-18 was rejected;
                                              b. For issuance of a writ of
                                  Mandamus or any other appropriate
                                  writ, order, or direction directing the
                                  Respondents to conclude scrutiny and
                                  assessment of VAT records for the FYs
                                  2013-14 to 2017-18 in a time-bound
                                  manner and consequently issue a
                                  refund      as     determined   by   the
                                  respondents;
                                              c. For issuance of a writ of
                                  Certiorari or any other appropriate
                                  writ, order, or direction for quashing
                                  the Order dated 22.02.2021 under
                                  Section 31 of the Bihar Value Added
                                  Tax Act, 2005 (‘BVAT Act’) for the FY
                                  2015-16 pursuant to a suo-motu VAT
                                  Audit passed by the Respondent No. 2,
                                  as the said order purported to record
                                  various alleged irregularities in the
                                  VAT audit report and consequently
                                  imposed tax, penalty and interest, By
                                  way of this impugned order, a total
                                  demand of Rs. 22,533,308/- towards
                                  VAT, Rs. 21,438,500/- towards CST tax
                                  and penalty, and Rs. 220,500/- towards
Patna High Court CWJC No.18806 of 2025(2) dt.04-02-2026
                                            3/4




                                  Entry Tax penalty was raised against
                                  the    petitioner       which    is    wholly
                                  unjustified and unreasonable;
                                              d. For a direction to the
                                  Respondents        to    release      to   the
                                  petitioner the refund amounts already
                                  determined pursuant to assessment
                                  orders,     together      with     applicable
                                  statutory interest under the BVAT Act,
                                  amounting to Rs. 18,30,660/- for FY
                                  2010-11, Rs. 12,76,644/- for FY 2011-
                                  12 and Rs. 95,70,580/- for FY 2012-
                                  13;



                      2. At the outset, the learned counsel for the petitioner

          seeks liberty on behalf of the petitioner to challenge the

          impugned orders by filing appropriate appeal under Section 72

          of the Bihar Value Added Tax Act, 2005, however submits that

          sometime period be stipulated for disposal of the same.

                      3. The learned counsel appearing for the respondents

          does not have any objection to the aforesaid proposition put

          forth by the learned counsel for the petitioner.

                      4. Having regard to the facts and circumstances of the

          case, we deem it fit and proper to grant liberty to the petitioner

          to file appropriate appeal under Section 72 of the Bihar Value

          Added Tax Act, 2005 and in case such an appeal is filed within a
            Patna High Court CWJC No.18806 of 2025(2) dt.04-02-2026
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                      period of four weeks from today, the appellate authority shall

                      consider the same on merits and pass a reasoned and speaking

                      order within a period of six weeks thereafter.

                                  5. Accordingly, the present writ petition stands

                      disposed of on the aforesaid terms.



                                             (Mohit Kumar Shah, J)


                                             ( Alok Kumar Pandey, J)
Nilmani/-

U


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