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Case Law Details

Case Name : Sita Pandey Vs State of Bihar (Patna High Court)
Appeal Number : Civil Writ Jurisdiction Case No.5407 of 2023
Date of Judgement/Order : 23/08/2023
Related Assessment Year :
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Sita Pandey Vs State of Bihar (Patna High Court)

The recent judgment by the Patna High Court in the case of Sita Pandey vs. State of Bihar sheds light on significant issues pertaining to tax collection practices and the rights of taxpayers. This comprehensive analysis aims to delve deeply into the court’s findings and the far-reaching implications of this case.

Detailed Analysis:

1. Overreach of Tax Executives: The Patna High Court prominently emphasized the role of tax authorities, cautioning them against prioritizing their past roles as tax collectors over their judicial responsibilities. The court underscored the potential repercussions of deviating from established norms and the impact of mala fides on administrative power.

2. Premature Recovery: The crux of this case revolves around the hasty recovery of assessed tax, which occurred merely a day after dismissing an appeal. This action took place despite the availability of further appeal options and the absence of a constituted Tribunal for handling such appeals. The court found this rapid action to be unwarranted and troubling.

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