Judgment Search Results Home > Cases Phrase: finance act 1968 Court: patna Year: 2007 Page 1 of about 56 results (0.049 seconds)

Indian Oil Corporation Limited and anr. and Harinagar Sugar Mills Limi ...

Court : Patna

..... towards sales tax would not be available on goods that were exempted from payment of sales tax in terms of any notification issued under section 7(3) of the bihar finance act, 1981. the amendment was retrospectively with effect from february 25, 1993.16. while the aforesaid legislative developments/changes were taking place in the state, the issue of constitutional ..... goods' by inserting the following proviso in section 2(c):provided that in case of such goods which arc liable to tax under section 12(1) of the bihar finance act, 1981, entry of goods shall mean entry of goods into local area from any place outside the state for consumption, use or sale therein.8. at the same time ..... , as might be fixed by the state government. section 3(2) provided that the tax would be paid by every dealer liable to pay tax under the bihar finance act or any other person who brought or caused to be brought the scheduled goods into the local areas. section 4 provided that in case of motor vehicle the payment .....

Vijay Kumar Agrawal Vs. the State of Bihar

Court : Patna

..... police. the other point is that the prosecution has been launched in contravention of section 49(5) of finance act. prosecution has been launched by deputy commissioner without prior sanction of the commissioner. for that the learned counsel for the petitioner has relied upon some decisions ..... the above provision is apparently bad and illegal.the other points canvassed by the learned counsel for the petitioner also appear to have merit. bihar finance act is a special act. therefore, the police has no power to investigate and similarly no court has power to take cognizance on the basis of chargesheet submitted by the ..... of 1992 now pending in the court of shri bharat tiwari, judicial magistrate. 1st class patna thereby cognizance under section 49(g) & (h) of bihar finance act has been taken against the petitioner and others.2. the petitioner along with others have been prosecuted by department of commercial tax for evasion of sales tax on .....

Food Corporation of India Vs. the State of Bihar and ors.

Court : Patna

..... was, therefore, asked to show cause, by 12.09.2006, why action should not be taken against it under section 8 of the vat act, read with section 32 of the bihar finance act. on the date fixed (12.09.2006), the petitioner's representative appeared before the commercial taxes officer and submitted its show cause. in the ..... sugar mills ltd., it was argued that following the amendment in the definition of 'entry of goods' with effect from 5.11.2001 (by amending act 10 of 2001), the act had become discriminatory against goods imported from outside the state. the advocate general rebutted the contention submitting that the charge of discrimination overlooked the fact that ..... of section 3) for giving credit for entry tax levied and collected towards the sales tax payable on the sale of those goods. he submitted that the act was provided with an internal balancing mechanism that saved it from being discriminatory against goods imported from other states. in that case, it was pointed out that .....

Pro Agro Seeds Co. (P) Ltd. Vs. the State of Bihar and ors.

Court : Patna

..... demand notices also dated 20.11.2006 for the years 1997-98, 1998-99, 1999-2000, 2000-01 and 2001-02 under bihar finance act, 1981 (hereinafter referred to as 'the act').2. the case of the petitioner as set out in the writ application is that it is a wholesaler carrying business of hybrid maize ..... in case the assessing authority on final assessment finds that the informations furnished in the returns were incorrect then the authority may take actions as provided under the act.(emphasis added)15. subsequently, the petitioner was assessed along with other similar registered dealers dealing in maize seeds @ 8 per cent. such assessment order was assailed ..... having been not issued would vitiate the entire proceedings of re-assessment has to necessarily depend on the scope and purport of section 19 of the act. section 19 of the act reads as follows:19. turnover of registered dealer escaping assessment.- (1) if upon information which has come into his possession, the prescribed authority is .....

Kisan Agency Vs. State of Bihar and ors.

Court : Patna

..... no. 5944/p was issued. this notice, loosely translated into english, reads as follows:you are given notice that for hearing under section 20(1)(b) of the bihar finance act, 1981 before the undersigned on february 8, 2000, you are required to appear with your entire books of account.4. the service report of notice was received on february ..... notice (annexure 2), loosely translated into english, reads as follows:you are given notice that for hearing under section 33(1) of the bihar finance act, 1981 you are required to appear before the undersigned on december 4, 1999 along with the entire books of account.3. the petitioner appeared on december 4, ..... itself. it is well-settled that failure to comply with the requirement of rule 19(4) of the rules vitiates the order passed under section 20(1)(b) of the act. the order, dated february 29, 2000 passed by the assistant commissioner, commercial taxes is, therefore, quite unsustainable. equally unsustainable are the orders passed in appeal and in .....

M.K. Jha Vs. Income Tax Appellate Tribunal

Court : Patna

..... sujjan singh chadha : [2002]258itr121(delhi) . this judgment does not help the department. in that judgment an income disclosed by the wife under section 24(3) of the finance act,1995, was disclosed as a credit in the return filed by the assessee. the genuineness or the source of that amount as credited in the books of the assessee was ..... the appeal was decided there was a view available, as aforesaid, that the same is not permissible in law and accordingly the notices under section 148 of the act for the previous assessment years were not sustainable. this was not addressed to at the time the judgment under review was rendered.4. we wanted to know from the ..... that he has made investments in two immovable properties and income arising; out of those immovable properties. accordingly, notices were issued under section 148 of the income tax act seeking to make reassessment of the income of the assessee for the assessment years 1988-89 to 1992-93 and also for the assessment years 1992-93 to 1994- .....

Bihar State Financial Corporation Karamchari Federation Vs. Bihar Stat ...

Court : Patna

..... the state.2. decision to revise salary of its employees taken by the board of directors of bihar state financial corporation, a statutory body created under state finance corporation act, 1951 led to litigations and has lasted 17 years. there has been various bouts of litigations before this court but none of them culminated into a ..... unreported decisions of other high courts in support of their argument. petitioner could be correct in their stand because the above decisions have held in favour of finance corporation and the autonomy they enjoy under the law.15. learned counsel for the corporation on the other hand submits that though they do enjoy certain autonomy ..... grant of pay scale and other benefits to its employees. these are powers which the corporation enjoys by virtue of section 23 of the state financial corporation act and according to the petitioner the state government in the garb of policy decisions cannot interfere in day to day work of the corporation.14. learned counsel .....

Mithila Minority Dental College and Hospital and ors. Vs. the State of ...

Court : Patna

..... no. 2 requested the petitioners many times for payment of money but the petitioners did not do so. the complainant/ opposite party no. 2 searched for the vehicle financed to the petitioners but the same is traceless. the complainant/opposite party no. 2 sent legal notices to the petitioners demanding payment of money but the petitioners did not ..... 420 of the i.p.c. and ordered for issuance of summons against the accused persons.7. it has been submitted on behalf of the petitioners that the very acts of the complainant for appointing an arbitrator in the matter and of moving the civil court, kolkata in the matter and the civil court's passing same order in ..... was passed for issuance of summons against the petitioner.2. the case of the complainant is that the complainant/opposite party no. 2 is the company under the companies act and is being represented through its branch incharge who is competent to file and contest the complaint case on behalf of the company petitioner no. 1, who is accused .....

Deputy Commissioner of Income Tax Vs. Dipesh Chandak, Dipesh Chandak

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (2007)110TT(JP.)at366

..... addition with the following observation: before me, the authorised representative has filed the copy of certificate of eligibility for exemption of tax under the bihar finance act, 1981 and the central sale-tax act, 1956 issued by the commercial taxes department in which deferment of sales-tax payment was allowed for five years commencing from 1st april, 1990. ..... appeals, all the three grounds are co-related. the ao made addition of rs. 5,99,204 in respect of unexplained loan from m/s shashi investment & finance (p) ltd. consequential interest on such loan of rs. 1,72,250 and interest of rs. 90,396 on further loan has also been disallowed and added to ..... meantime. i would also direct the it department through the chief cit, bihar, to initiate such action as may be considered fit, necessary and expedient under the it act, wt act, etc against persons whom he reasonably thinks to be involved in the 'scam' and possess unaccountable wealth and property, and take the proceeding to their logical .....

Pawan Kumar Rajgarhis @ Pawan Rajgarhia Vs. State of Bihar and anr.

Court : Patna

..... of 2004 whereby he has taken cognizance of offences under sections 49, 31(2)(a), 33(5)(a), 31(2)(b) and 33 of the bihar finance act, 1981 (hereinafter referred to as, 'the act').2. one digambar prasad tripathi, the assistant commissioner of commercial taxes, investigating bureau, patna division, submitted a written report on february 25, 2004 to the ..... in the seized goods were being evaded by the transporter in collusion with the consignors and a request was made to take appropriate action under section 49 of the act. it was also stated that a separate proceeding for imposing penalty was being initiated by the commercial taxes department for the said violation.3. it was submitted on ..... to defend its action has referred to paragraph 9 of its show cause wherein it was sought to be submitted that proceeding under section 31(3) of the act had been initiated against the petitioner and penalty had been imposed and the said penalty had been upheld by the appellate authority and as such there was no .....