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APARESH KUMAR SINGH, RATNAKER BHENGRA
Bihar Caustic And Chemical Ltd. Now Grasim Industries Ltd. , Chemical Division, Rehla – Appellant
Versus
State Of Jharkhand – Respondent


Advocates Appeared:
For the Appellant :Navaniti Prasad Singh, Sr. Advocate, M/s.D.K. Pathak, Saket Upadhyay, Sweta Rani, Shashi Kant Mishra, Nama Mishra & Akash Deep, Advocates,
For the Respondent: Ajit Kumar, A.G., Vikash Kumar, A.C. to A.G.

JUDGMENT :

Aparesh Kumar Singh, J.

1. Heard Mr. Navaniti Prasad Singh, learned senior counsel for the petitioner and Mr. Ajit Kumar, learned Advocate General, representing the State.

2. Whether the petitioner is entitled for refund of the electricity duty and surcharge paid by it for the period 01.01.2001 to 31.05.2004 in terms of the Industrial Policy, 2001 and the notification bearing S.O. No. 70 dated 17.07.2004, issued by the Commercial Taxes Department, Government of Jharkhand is the issue to be answered in the present matter.

3. We shall proceed to answer the instant issue, in the light of the relevant material facts, borne out from the pleadings on record and the grounds urged in support or against by the learned counsel for the parties.

4. In the present writ petition, petitioner has sought quashing of the order dated 23.06.2016 (Annexure-20), passed by learned Commercial Tax Tribunal in Revision Petition RN 99/2010, whereby, the claim of the petitioner for refund of the electricity duty and surcharge for the aforesaid period in lieu of exemption granted under the Industrial Policy, 2001 has been rejected. The order of the learned Commissioner, Commercial Taxes, Ranchi has been













































































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