M/S Sree Narayan Construction vs. The State Of Bihar

CWJC/19406/2024HC PatnaGSTCNR BRHC01117210202406 October 2026Bench: MR. JUSTICE MOHIT KUMAR SHAH,MR. JUSTICE SOURENDRA PANDEY2 pages
AI SummaryRemanded

Facts

The petitioner, M/s Sree Narayan Construction, filed a writ petition before the Patna High Court challenging two orders: one dated 14.02.2020 passed by the Joint Commissioner, State Taxes, Begusarai Circle (respondent no. 2), and another dated 31.09.2024 passed by the Additional Commissioner (Appeal), State Taxes, Patna West Commissary (respondent no. 3). The petition also sought to set aside a demand notice dated 14.02.2020 issued by respondent no. 3 and to restrain the respondents from recovering the tax amount from the petitioner. The petitioner was represented by Mrs. Archana Sinha, Sr. Advocate, and Mr. Alok Kumar, Advocate, while the State was represented by Mr. Rajeev Kumar Singh, GA-10.

Held

The Court granted liberty to the petitioner to challenge the order dated 28.09.2024, passed by the learned Additional Commissioner (Appeal) State Tax, Patna West Division, Patna, by approaching the learned Tribunal under Section 112 of the Bihar Goods and Services Tax Act, 2017. Consequently, the present writ petition stands disposed of. The specific findings on the validity of the orders dated 14.02.2020 and 31.09.2024, the demand notice, and the recovery of tax are not addressed as the petitioner was granted liberty to pursue the appellate remedy. The ratio decidendi is that statutory appellate remedies should be exhausted before approaching the High Court under writ jurisdiction, particularly when specific liberty is granted to do so.

Key Issues

1. Whether the order dated 14.02.2020 passed by the Joint Commissioner, State Taxes, Begusarai Circle, is liable to be set aside? 2. Whether the order dated 31.09.2024 passed by the Additional Commissioner (Appeal), State Taxes, Patna West Commissary, is liable to be set aside? 3. Whether the demand notice dated 14.02.2020 issued by the Additional Commissioner (Appeal), State Taxes, Patna West Commissary, is liable to be set aside? 4. Whether the respondents should be restrained from recovering the tax amount from the petitioner until the disposal of the writ petition? The petitioner argued for the setting aside of the impugned orders and the demand notice, and for a stay on recovery. The State's arguments are not recorded in the judgment.

Sections Cited

Section 112

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19406 of 2024 CNR No. BRHC011172102024 ====================================================== M/s Sree Narayan Construction through its Proprietor Hema Kumari, female, aged about 32 years, wife of Uday Shankar, resident of 105,B- Block, Lotus Adobe, Gola Road, near T Point Bailey Road Danapur, Patna, Bihar ... ... Petitioner/s Versus 1. The State of Bihar through the Commissioner of State Taxes, New Secretariat, Patna. 2. The Joint Commissioner, State Taxes, Begusarai Circle, Begusarai, Bihar. 3. The Additional Commissioner (Appeal), State Taxes, Patna west Commisionary, Patna, Bihar ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mrs. Archana Sinha, Sr. Advocate Mr. Alok Kumar, Advocate Ms. Richa Rajiv Singh, Advocate For the Respondent/s : Mr. Rajeev Kumar Singh, GA-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE SOURENDRA PANDEY

(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) 13 06-10-2026 The present writ p

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