P. B. BAJANTHRI, ARUN KUMAR JHA
United Spirits Ltd. – Appellant
Versus
State of Bihar – Respondent
P. B. Bajanthri, J.—In these bunch of writ petitions, the petitioners have questioned the validity of various orders passed by the official-respondents like the Commissioner of Excise, Government of Bihar, Patna (for short 'Excise Commissioner'), Bihar State Beverages Corporation Limited (for short 'BSBCL'), a Joint Commissioner, State Taxes/Commercial Taxes and the Assistant Commissioner of Excise, Patna (for short 'Assistant Commissioner'). In the cases mentioned herein below; the petitioners have claimed for the refund of similar duties, the cases are:—
"(1) In CWJC 4882 of 2020, the petitioner has challenged the order dated 25.09.2019 (Annexure-1), passed by the Commissioner of Excise, Bihar, and the order dated 22.07.2019 (Annexure-2) passed by the Joint Commissioner, State Taxes/Commercial Taxes, Barh Circle and consequently, sought refund of Excise Duty (2015-16), Bottling and License Fee (2015-16 & 2016-17), License Fees under Section 19B(2015-16 & 2016-17) and 19C(2016-17) (subject levies) and Value Added Tax (In short 'VAT') for the financial year 2015-16, amounting to Rs. 4,00,00,114/- along with applicable interest from the Respondents therein. Additionally, the petition
State of Kerala vs. Maharshtra Distilleries, (2005) 11 SCC 1 (Para 3, 13, 15, 50, 58, 69, 70, 71
Mahadev Carrier Pvt. Ltd. vs. State of Bihar
Magadh Sugar & Energy Ltd. vs. State of Bihar
State of Orissa vs. Utkal Distilleries
Dhampur Sugar Mills Ltd. vs State of UP
Whirlpool Corporation vs. Registrar of Trade Marks, Mumbai
Harbanslal Sahnia vs. Indian Oil Corporation Ltd.
Union of India vs. K. Shankarappa (2001) 1 SCC 582 (Para 7)
Neelima Mishra vs. Harinder Kaur Pental, (1990) 2 SCC 746 (Para Nos. 23
S.N Mukherjee vs. Union of India
U.P. Pollution Control Board vs. Kanoria Industrial Ltd., (2001) 2 SCC 549 (Para 9
Siemens Ltd. vs. State of Maharastra, (2006) 12 SCC 33 (Paras 2, 8
Committee of Management vs. Vice Chancellor, (2009) 2 SCC 630 (Para 22
State of Rajasthan vs. Rajasthan Chemists Association, (2006) 6 SCC 773 (Paras 10, 28, 44
(2004) 11 SCC 26 State of Punjab vs. Devans Modern Breweries Ltd. (Para Nos. 102 & 103)
Synthetics and Chemicals Ltd. Vs. State of Uttar Pradesh
(2005) 11 SCC 1 State of Kerala vs. Maharashtra Distilleris Ltd. (Para 58 and 84)
Commissioner of Income Tax vs. Chhabbil Das Agarwal
Mohan Breweriess & Distileries Limited vs. Commerical Tax Officer, Madras, (1997) 7 SCC 542 (Para 6
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