IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10229 of 2004 M/S WIMPLAST LTD. Versus THE STATE OF BIHAR & ORS ----------- For the petitioner: Dr. Debi Prasad Pal, Sr. Advocate Mr. S.D.Sanjay Mr. A.N.Sen For the respondents : Mr. P.K.Shahi, AG Mr. Purnendu Singh, JC to AG --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 9th September, 2008 After arguing the matter for some time, the Senior Counsel for the petitioner and the Advocate General agreed that the writ petition may be disposed of by the following order: i) The order of assessment dated 23rd June, 2004 passed by the Assistant Commissioner, Commercial Taxes, Patna South Circle, Patna is quashed and set aside. ii) The matter is remitted back to the said authority, namely, Assistant Commissioner, Commercial Taxes, Patna South Circle, Patna for consideration of the matter afresh and for passing an appropriate order for the assessment years 2002- 03 and 2003 – 04 after hearing the petitioner. iii) We record and accept the statement of the Advocate 2 General that the Xerox copy of the seized documents shall be supplied by the assessing officer on the date the petitioner appears before him. iv) The petitioner shall appear before the assessing officer on 15th October, 2008. v) All contentions of the petitioner, save and except the objection with regard to territorial jurisdiction, are kept open to be agitated before the assessing officer, who will consider those contentions before passing a fresh order. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/