Judgment Search Results Home > Cases Phrase: finance act 1968 section 2 income tax Court: patna Page 4 of about 841 results (0.138 seconds)

iris Electronics India Pvt. Ltd. and ors. Vs. State of Bihar and ors.

Court : Patna

..... to refer to the said provision. even before referring to the arguments of the parties, we would prefer to look into the scheme of the act.20. section 3 of the finance act is the charging section. it refers to incidence and levy of tax. it requires every dealer whose turnover is above a particular amount so specified, to pay sales tax ..... established products.8. the petitioners say that the respondent-state issued s.o. no. 85 on july 17, 2002 in exercise of its power conferred under section 11(3) of the finance act by which the respondents have specified to levy multi-point tax (tax at every stage after adding value) on certain goods mentioned in the schedule of ..... to the said policy/promise, the state government issued notification bearing s.o. no. 96 dated april 4, 1994 in exercise of powers conferred under section 7(3)(b) of the finance act prescribing the details of the procedure and the conditions for grant of exemption from payment of tax on the products of the new industrial units which .....

United Breweries Ltd. Vs. State of Bihar and ors.

Court : Patna

..... the act with regard to period from march 11, 1994 to november 25, 1999.6. under the provisions of the act the importer is liable to pay tax on the scheduled goods and if he is also liable to ..... .5. a counter-affidavit has been filed on behalf of the state and it is admitted that there is no dues against the petitioner under the finance act. the only dues against the petitioner is under the act and the amount of dues mentioned in paragraph 5 is rs. 6,11,526 for the period 1999-2000, rs. 19,10,513 for the ..... period 2000-2001 and rs. 7,07,016 for the period 2001-2002 after assessment. it is also stated that the assessment proceeding is still pending under section 17(5) of the finance act read with .....

Harihar Prasad Debuka and Etc . Vs . State of Bihar and ors.

Court : Patna

Reported in : AIR1987Pat175; [1987]66STC178(Pat)

..... of the state sales tax. counsel sought to point out that section 36 of the bihar finance act was broadly in line with section 28b of the u.p. sales tax act and section 34 of the bihar finance act was virtually in pari materia with section 28 of the u.p. act. on this analogy the present case was sought to be ..... of goods, and consequently the interstate trade and commerce, primarily because it required a despatch permit for the movement of those goods. herein again under section 35 of the finance act the notification prescribes the stringent requirements of the form of the permit under form xxviiib and the securing of a transport permit from the designated authority ..... whether the notification no. s.o. 1432, dt. 28th nov., 1985, issued in exercise of the powers conferred by sub-section (2a) of section 31 of the bihar finance act (hereinafter referred to as 'the act') prescribing the declaration form to be carried on a goods carrier or a vessel for transporting goods through the state of bihar .....

Baijnath Prasad Vs. State of Bihar

Court : Patna

..... application before this court for reference of the questions as mentioned above under section 48(2)(b) of the bihar finance act and this court directed for reference of the questions of law for opinion and, thereafter, the questions of law have been referred as stated ..... rejected by the tribunal by order dated 8.8.1988. thereafter, the petitioner filed an application before the tribunal for making a reference under section 48(1) of the bihar finance act mentioning therein the important questions of law, but the tribunal dismissed the same on 2.6.1989.4. the petitioner, thereafter, filed an ..... list was prepared in terms of the provisions contained in the aforesaid section, which have been now replaced by the bihar finance act, 1981. the earlier act will be referred to as 'the sales tax act' and the subsequent act will be referred to as 'the bihar finance act'. the petitioner was asked to appear before the superintendent of commercial taxes .....

Bijay Metal Works and S.C.i. India Limited Vs. State of Bihar and ors.

Court : Patna

..... country liquor/spiced country liquor without taking any registration in the concerned commercial taxes circle as per the provisions of the bihar finance act, 1981. action under section 17(5) of the bihar finance act, 1981 has been initiated.that non-payment of outstanding admitted dues by the petitioner clearly indicates the true nature of the trade ..... a consolidated return. in so far as the registration is concerned, before a person takes up a business venture which may attract the provisions of the bihar finance act, 1981 and the bihar sales tax rules, 1983, it is an obligation of the trader, businessman or an industrialist to apply for registration. this application ..... . the petitioner has not only ventured to bid good bye to the provisions of bihar finance act but has in fact put in collected .....

Amba Carbonisation Pvt. Ltd. Vs. State of Bihar and ors.

Court : Patna

..... december, 1995 reads thus:s.o. no. 479 dated 22-12-1995 - in exercise of power conferred by the clause (b) of sub-section (3) of section 7 of the bihar finance act, 1981 (bihar act-5 of 1981) part-i, the governor of bihar is pleased to specify that such new industrial units which commerce their production between 1-9-1995 ..... supreme court in associated cement companies ltd. cannot be read to laying down the proposition that where an assessee is exempted from payment of sales tax under section 7 of the bihar finance act he becomes automatically exempted from payment of entry tax for the goods purchased from outside the state for its use or consumption. in our considered view, ..... of goods.15. the owner of the unit will be obliged to produce the accounts relating to the sale on demand by the competent authority appointed under section 9 of the bihar finance act, 1981.16. (i) the dealer claiming tax exemption under this notification on the sale subsequent to the sale made by the owner of the unit .....

Mushtaque Ahmed Vs. the State of Bihar and ors.

Court : Patna

..... impugned notification, annexure 5 dated 21st may, 1997 reads as under:--s.o. 92 dated 21st may, 1997. in exercise of powers conferred by sub-section (1) of section 11 of bihar finance act, 1981 (bihar act 5 of 1981), the governor of bihar is pleased to specify molasses, potable spirit, methylated spirit, rectified spirit, country liquor, spice country liquor whether ..... is not covered under the alleged notification dated 21st may, 1997. consequently any levy of sale tax within the meaning of the provision of sub-section (1) of section 11 of the bihar finance act does not arise. therefore, charging of any sale tax in this regard is without jurisdiction.5. while filing the counter-affidavit, it is stated on ..... the validity of the notification beings s.o. no. 94 dated 21.5.1997 issued in exercise of power under section 11(1) of the bihar finance act, 1981 whereby and whereunder the schedule appended to the notification dated 26.12.1997 has been amended and by which 25% sales tax has been .....

Hindalco Industries Ltd. Vs. State of Bihar and ors.

Court : Patna

..... above, i am of the view that the submission made by mr. jain has substance and must be accepted. i accordingly find and hold that section 13(1)(b) of the bihar finance act, 1981 cannot be constructed so as to put a geographical limitation on the situs of manufacture or sale of manufactured goods within the state of ..... j.1. whether in order to qualify for the benefit of concessional rates of purchase in terms of section 13(1)(b) of the bihar finance act, 1981 ('the act', hereinafter) the dealer, apart from satisfying the other conditions specified in the section, must also have the site of manufacture in which the purchased goods are to be used located within the ..... , sales tax and anr. (1978) 41 s.t.c. 409. in that case the supreme court examined section 5(2)(a)(ii) of the bengal finance (sales tax) act, 1941, as applied to the union territory of delhi. section 5 (2) of the bengal finance act defined taxable turnover and before its amendment with effect from 28.5.1972 the relevant portion of .....

Indian Oil Corporation Ltd. Vs. the State of Bihar and ors.

Court : Patna

..... raised the preliminary objection against the maintainability of the petition, placing reliance on the provisions of reference provided under section 48 of the bihar finance act, 1981.23. we have considered the provisions of section 48 of the bihar finance act, 1981. it is true that it provides a remedy for making a reference to the high court after ..... been prescribed in the export - sale of oil products, for the year 1995-96. the sales tax officer, placing reliance under the provisions of the bihar finance act, 1981 made an assessment order levying sales tax on export sales of oil product by ioc to noc which came to be confirmed by the appellate authority, as ..... not been able to appreciate the special provisions providing special procedure to be followed in terms of the notification issued by the competent authority under sub-section (2) of section 13 of the central excise rules, 1944, as the assessing authority has only insisted upon and relied on only factum of non-production of bill .....

industrial Packers and Co. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1995)52ITD1(Pat.)

..... patna high court has held in the case of jamshedpur motor accessories stores (supra) that the first proviso below section 43b is clarificatory and operative from assessment year 1984-85 retrospectively although the proviso was inserted by the finance act, 1987 w.e.f. 1-4-1988. this decision had been followed by the bombay bench of the ..... 1-4-1989 to include section 43b, the only conclusion to be drawn was that section 43b could not be invoked for assessment year 1986-87 ..... in accordance with the provisions contained in sections 30 to 43a only and section 43b was not applicable during assessment year 1986-87.5. the id. counsel for the assessee conceded fairly that section 43b had been inserted by the finance act, 1983 with effect from 1-4-1984, but since section 29 was amended only with effect from .....