Court : Patna
..... as follows:'where an importer of scheduled goods liable to pay tax under sub-section (2) of section 3 of the ordinance becomes liable to pay tax under the bihar finance act, 1981 by virtue of sale of such scheduled goods, his liability under the bihar finance act, 1981 shall be reduced to the extent of tax paid under the ordinance.' ..... the petitioner is not entitled to adjustment towards the payment of entry tax under the act.10. alternatively, learned counsel for the petitioner submitted that the petitioner is paying additional tax of one per cent under section 6 of the bihar finance act, 1981 and as such to that extent his liability for payment of additional tax has ..... goods is liable to pay tax under the bihar finance act, by virtue of such scheduled goods it is entitled to reduction of its liability under the bihar finance act to the extent of the tax paid under the act. now the said provision has become part of section 3 by the amendment act (amendment made in the year 2001). as .....
Tag this Judgment!Court : Patna
..... bihar it was nevertheless not a notification stricto sensu which could exempt the petitioner from the incidence of sales tax. reference was made to section 4 (3) of the 1959 act and section 7 of the bihar finance act, 1981 which provide that the state govt. may, by notification and subject to such conditions and restrictions, as it may impose, exempt ..... as contained in annexure-3 to the writ application, it was necessary for the state of bihar to issue a notification in terms of sub-section (3) of section 7 of the bihar finance act, 1991.(ii) whether the state is bound to give effect to its policy decision despite non-issuance of such a notification in view of the ..... decision dated 10.6.1993 itself has been published in a gazette, it was not necessary to issue a formal notification in terms of sub-section (3) of section 7 of the bihar finance act.7. the learned counsel in support of his contention has relied upon a full bench decision of this court in tara steel industries v. assistant .....
Tag this Judgment!Court : Patna
..... stated above. 7. the learned counsel appearing for the petitioner contended that the notification issued under section 7 (3)(b) of the bihar finance act in terms of the industrial policy was applicable to the erstwhile state of bihar and even after its bifurcation into two states, the benefit ..... any sales tax from any person on the sale of incremental production and as such it is not liable to pay tax thereon provider under section 26 (2) of the bihar finance act during the period under reference. the respondent no: 4, by the impugned order dated 20th november, 2001 rejected the stand of the petitioner as ..... . 479 which was published in the official gazettee on the same date, the state government issued an exemption notification in exercise of power under section 7 (3)(b) of the bihar finance act. a copy of the aforesaid exemption notification has been annexed as annexure-3 to the writ application. according to the said policy decision sales .....
Tag this Judgment!Court : Patna
..... . accordingly, it would not be just and proper to allow prosecution of petitioners after such a long time coupled with the fact that sanction under section 49 (5) of the bihar finance act was not on record.9. accordingly, both the petitions are allowed and orders of cognizance in both the cases as well as revisional order passed ..... and circumstances this court in ganesh kumar agrawals case (supra) has held that order of cognizance in absence of sanction issued by the commissioner under section 49(5) of the bihar finance act was illegal. besides this, this court in the said case has also held that investigation by the police in such cases was not permissible. besides ..... revisional order in cr. revision no. 29279 of 2000 on the ground that the learned magistrate in absence of sanction for prosecution in view of section 49(5) of the bihar finance act, 1981 was not authorized to take cognizance of offence and on this ground alone the order of cognizance in both the aforesaid cases are liable .....
Tag this Judgment!Court : Patna
..... . accordingly, it would not be just and proper to allow prosecution of petitioners after such a long time coupled with the fact that sanction under section 49 (5) of the bihar finance act was not on record.9. accordingly, both the petitions are allowed and orders of cognizance in both the cases as well as revisional order passed ..... and circumstances this court in ganesh kumar agrawals case (supra) has held that order of cognizance in absence of sanction issued by the commissioner under section 49(5) of the bihar finance act was illegal. besides this, this court in the said case has also held that investigation by the police in such cases was not permissible. besides ..... revisional order in cr. revision no. 29279 of 2000 on the ground that the learned magistrate in absence of sanction for prosecution in view of section 49(5) of the bihar finance act, 1981 was not authorized to take cognizance of offence and on this ground alone the order of cognizance in both the aforesaid cases are liable .....
Tag this Judgment!Court : Patna
..... counsel. s. o. no. 123 dated 5-3-1990 is as follows:the 5th march, 1990s.o. 123-in exercise of the powers conferred by section 22 of the bihar finance act, 1981 (bihar act no. 5 of 1981) part i, the governor of bihar on being satisfied that it is necessary to do so in the interest of the industrial growth ..... december, 1994 on the following conditions:1(a) the industrial units availing of the facility of the special rate of tax on purchase of raw materials under section 13 of the bihar finance act, 1981 shall not be eligible for the above set-off facility ;(b) this facility shall be limited to the corresponding conversion of the direct raw materials into ..... the said notification, the state government promulgated a fresh notification no. s.o. 123 dated 5-3-1990, in exercise of the powers vested in it under section 22 of the bihar finance act, 1981. the said notification dated 5-3-1990 is annexure t. the benefit of the said notification was afforded to existing and newly established small and/or .....
Tag this Judgment!Court : Patna
..... and other analogous cases wherein, this court has held that in absence of sanction issued by the commissioner, commercial taxes as required under section 49(5) of the bihar finance act order of cognizance would not be sustainable.7. sri hriday prasad singh learned additional public prosecutor has forcibly opposed the prayer of the petitioners. ..... , due to the simple reason, that in the present case no sanction was obtained from the commissioner of the commercial taxes in compliance with section 49(5) of the bihar finance act. learned counsel for the petitioners, has relied on an unreported judgment of this court dated 11th march, 1998 passed in cr. misc. no ..... dispute that, order of cognizance was passed in absence of sanction granted by commissioner, commercial taxes. section 49 (5) of the bihar finance act, puts a bar on a court to take cognizance of the offence under the bihar finance act, 1981 in absence of sanction granted by the commissioner, commercial taxes. since in the present case .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Patna
Reported in : (1997)63ITD113(Pat.)
..... in a very narrow compass, namely, as to whether the godowns in question are liable to wealth-tax as per the provisions of section 40(3)(vi) of the finance act, 1983 (referred to as the 'finance act") or not. the assessing officer took the view that the assessee-company was liable to wealth-tax as per the aforesaid provisions. ..... matter referred to supra, itself concluded the issue in favour of the assessee leaving no necessity to go into the legislative purpose of the enactment of section 40 of the finance act, 1983, etc. nothing short of the reversal of this view by an appropriate legal forum could create a dent in the finding of the tribunal ..... purpose of ascertaining the mischief sought to be remedied by the legislation and the object and purpose for which the legislation is enacted. the finance minister while introducing section 40(3)(vi) through finance act, 1983 has stated that it has come to his notice that some persons were trying to avoid personal wealth-tax liability by forming .....
Tag this Judgment!Court : Patna
..... place in course of the inter-statei trade and, accordingly, the petitioner is not liable to pay sales tax or additional tax under the provisions of the bihar finance act and, accordingly, the direction issued by the assistant commissioner, commercial taxes, darbhanga circle, darbhanga, for charging 8 per cent sales tax and 1 per cent additional ..... the government treasury towards tax are unjustified and illegal for the reason that the petitioner is not liable to pay sales tax under the provisions of the bihar finance act and, accordingly, they are quashed.12. in the result, this writ application is allowed and it is held that the state has no authority to charge ..... tax, jabalpur : [1976]3scr99 , after referring to balabhagas hulaschand v. state of orissa : [1976]2scr939 , it was observed that so far as section 3(a) of the gst act is concerned there is no distinction between unascertained or future goods and goods which are already in existence, if at the time when the sale takes place these .....
Tag this Judgment!Court : Patna
..... fit case for imposing penalty, the writ application filed by the petitioner is allowed and the orders dated 6th september, 2002 imposing penalty under section 7(4) of the act, read with section 16(9) of the finance act, as contained in annexure 17 series, and the demand notices dated 7th of september, 2002, issued in pursuance thereof, as contained in ..... notices were issued by respondent no.4 for the five assessment years i.e. 1992-93 to 1995-96 and 1998-99 under section 7(4) of the act, read with section 16(9) of the finance act for imposition of penalty in view of the objection raised by the audit party of the a.g., bihar. the copies of the ..... 13. learned counsel appearing for the petitioner raised the following points:--(i) that the impugned order has been passed in exercise of the power of review under section 47 of the finance act, which empowers, inter alia, the assessing authority and other authorities as mentioned therein to do so, if the same is necessitated on the ground of mistake .....
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