Abzan Construction Private Limited v. The Commissioner Of Income Tax, Patna & Anr

IN THE HIGH COURT OF JUDICATURE AT PATNA I.A. No. 3702 of 2011 In CIVIL WRIT JURISDICTION CASE No.7900 of 2011 ====================================================== Abzan Construction Private Limited .... .... Petitioner/s Versus The Commissioner of Income Tax, Patna & Anr. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. D.V.Pathy, Advocate. For the Respondent/s : Mrs. Archana Sinha, Advocate. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3. 20-05-2011 This application has been made by the writ petitioner for review of our order dated 3[rd] May 2011 made in above C.W.J.C. No. 7900 of 2011 insofar as we have directed the petitioner to pay Rs. 15 lakhs against its outstanding dues of Income tax. The petitioner has filed this application to bring to our notice that against the demand raised for Rs. 45, 03,570/-, a sum of Rs. 10, 92,025/- was already recovered by the Department. On the date of the order the outstanding dues were less than Rs. 35 lakhs. After considering the recovery already made, the petitioner has paid the remaining amount of Rs. 4, 07,975/-. In other words, a sum of Rs. 15 lakhs has been paid to theDepartment. In view of the recovery already made prior to 3[rd] May 2011 and a sum of Rs. 15 lakhs in total having been paid by the petitioner, we hold that the aforesaid condition of payment of Rs. 15 lakhs stands complied with. Interlocutory application stands disposed of. (R.M.Doshit, CJ) Sujit/- (Jyoti Saran, J)