2023 Supreme(Online)(JHK) 6772
HIGH COURT OF JHARKHAND
HON'BLE THE ACTING CHIEF JUSTICE,HON'BLE MR. JUSTICE DEEPAK ROSHAN
M/S ESL STEEL LIMITED THROUGH ITS DEPUTY GENERAL MANAGER (ACCOUNTS) RAJESH KUMAR PANDEY – Appellant
Versus
STATE OF JHARKHAND MINISTRY OF FINANCE – Respondent
WPC/6103/2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(T) No. 6103 of 2022
M/s ESL Steel Limited (earlier known as Electrosteel
Steels Limited) having its registered office at Kanke, Ranchi
and its principal place of business at Bokaro through its
Deputy General Manager (Accounts) Rajesh Kumar Pandey,
R/o Bokaro
--- --- Petitioner
Versus
1. State of Jharkhand, Ministry of Finance, Dhurwa, Ranchi through
its Secretary.
2. Commissioner of State Tax, State Taxes Dept., Ranchi
3. Deputy Commissioner of State Tax, Bokaro Circle, Bokaro
--- --- Respondents
…....
CORAM: HON’BLE THE ACTING CHIEF JUSTICE
HON’BLE MR. JUSTICE DEEPAK ROSHAN
For the Petitioner : M/s Biren Poddar, Sr. Adv., Deepak Kr. Sinha,
Piyush Poddar, Rakhi Sharma, Manav Poddar, Advs.
For the Respondents : M/s Sachin Kumar, A.A.G-II, Deepak Kr. Dubey, A.C.
04/25.01.2023
The writ petition was preferred for the following reliefs:
a) “For a direction upon the Respondent No. 2 i.e. the
Commissioner of Commercial Taxes, Jharkhand, Ranchi
to immediately pass order and dispose of the revision
petition being Revision Case No. CC(S) 310 of 2020,
filed by the Petitioner for the period 2016-17 (VAT)
under Section 80(4) of the Jharkhand Value Added Tax
Act, 2005, challenging the Assessment Order dated
20.01.2020 passed by the Respondent No. 3, which
revision petition has already been heard by the said
Revisional Authority (Respondent No.2) as back as on
04.03.2022 (Annexure-2), but even after expiry of more
than 6 months from the date of conclusion of final
hearing, no order has been passed on the aforesaid
revision petition, despite making application dated
16.09.2022 (Annexure-3) for passing of an order over the
same at the earliest.
b) For any other appropriate Writ(s), Order(s), Direction(s)
as may be deemed fit and proper by your Lordships for
doing substantial and conscionable justice to the
petitioner”.
2.
Learned counsel for the petitioner submits that even after expiry
of six months from the date of conclusion of final hearing, the Revision
Case No. CC(S) 310 of 2020 has not been disposed of by the
Commissioner of Commercial Taxes, Jharkhand, Ranchi-Respondent
no.2. Therefore, petitioner has been compelled to approach this Court.
3.
Learned counsel for the Respondent State submits that the writ
petition may be disposed of at this stage with a simplicitor direction
upon the respondent no.2 to decide the pending revision case in
accordance with law expeditiously.
-2-
4.
Having regard to the nature of relief prayed for, since the Revision
Case No. CC(S) 310 of 2020 is pending before the respondent no.2
Commissioner of Commercial Taxes, Commercial Taxes Department,
Ranchi in which, allegedly hearing has been concluded 6 months back,
we deem it proper to direct respondent no.2 Commissioner of
Commercial Taxes, Commercial Taxes Department, Ranchi to dispose of
the Revision Case No. CC(S) 310 of 2020 within a period of 6 weeks
from the date of receipt of copy of this order, if not already decided.
5.
The writ petition is disposed of.
(Aparesh Kumar Singh, A.C.J.)
(Deepak Roshan, J.)
A.Mohanty