IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14500 of 2007 M/S FERTILIZER CORNER Versus THE STATE OF BIHAR & ORS ----------- For the petitioner : Mr.S.K.P.Sinha, Advocate For the respondents 1 & 2 : Mr. Lalit Kishore, Additional Advocate General-III Mr. Satyabir Bharti, Junior Counsel to Additional Advocate General-III ------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----- Dated, the 31st July, 2008 The counsel for the petitioner submits that vide communication dated 10th of June, 2008, received from the Fertilizer Corporation of India Limited, the petitioner would get Form IXC. He submits that as soon as Form IXC is received from the Fertilizer Corporation of India Limited, a fresh application shall be made before the Sales Tax Department for exemption from payment of sales tax. 2. Mr. Lalit Kishore, Additional Advocate General-III submits that if fresh application is made by the petitioner for exemption along with Form IXC procured from the Fertilizer Corporation of India, the petitioner’s application for exemption shall be considered in accordance with law. - 2 - 3. In the light of the submissions made by the counsel for the parties, we are satisfied that the following order shall meet the ends of justice: In case the petitioner applies to the Sales Tax Department for exemption from payment of sale tax in the light of Form IXC obtained by it from the Fertilizer Corporation of India, the Sales Tax Department shall pass fresh order in accordance with law. 4. Writ petition stands disposed of accordingly. R.M. Lodha, CJ Kishore K. Mandal, J. sunil