2007 (7) TMI 588

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....er seeks direction upon the respondents to refund a sum of Rs. 81,75,000 to the petitioner which was deposited by it by way of entry tax under protest between the period July 30, 2003 to March 17, 2004 together with interest. The said entry tax was deposited under the provisions of the Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act, 1993.   The petiti....

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....espondents for refund of the amount. When the amount was not refunded by the respondents, the instant writ application has been filed seeking direction for refund of the amount together with interest. Pursuant to order passed by this court a counter-affidavit has been filed wherein it is stated that the Division Bench judgment declaring the provisions of the aforesaid Act ultra vires shall have....

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....very cryptic and vague counter-affidavit has been filed wherein this specific statement made in para 19 of the writ petition has not been controverted. In that view of the matter and also having regard to the interim orders passed on July 9, 2003 and August 4, 2003 passed in W.P.T. No. 2937 of 2003 coupled with the statement made in para 19 of the writ petition having not been controverted, we ....