Judgment Search Results Home > Cases Phrase: finance act 1987 section 91 amendment of section 42 Court: patna Page 4 of about 67 results (0.132 seconds)

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

Court : Patna

..... 85 would not have any overriding effect on the exemption certificate issued under section 7(3)(b) of the finance act or the industrial policy but shall govern the ordinary sales of unexempted products or at best can control the levy of sales tax on basis of the value added derivative provided the purchaser-dealer adds its profit ..... the government of bihar in the industries department adopted a resolution dated september 29, 1973 which was duly published in the bihar gazette, this was amended by resolution dated june 29, 1976 and november 28, 1976 by which the state government decided to grant certain incentives to new large and medium industrial ..... in the matter of pournami oil mills [1987] 65 stc 1 (so, the supreme court has observed that though the policy/promise did not refer to a particular provision of the general sales tax but if the policy/promise falls within the ambit/sweep of a particular section of the taxing statute then it cannot be argued that the opposite party was seeking promissory estoppel against the ..... commissioner of commercial taxes [1987] 65 stc 296 (pat) the question relating to the effect of a taxing notification ..... state of kerala [1987] 65 stc 1 (sc) on which reliance was placed in the matter of usha martin ..... state of kerala [1987] 65 stc 1 and motilal padampat sugar ..... [1987] 65 stc 430 (sc), the question of promissory estoppel against the small-scale industries was considered ..... [1987] 65 stc 430 relying upon its earlier judgments in the matter of pournami oil .....

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

Court : Patna

..... is also stated that the assessment proceeding is still pending under section 17(5) of the finance act read with the act with regard to period from march 11, 1994 to november 25, ..... the petitioner who is a registered dealer under the bihar finance act, 1981 (for short, 'the finance act') as well as under the bihar tax on entry of goods into local areas for consumption, use or sale therein act, 1993 (for short, as 'the act') has filed the present writ application for a direction to the collector, patna, ..... words, if the entry tax under the act has been paid then liability to pay sales tax under the bihar finance act, 1981 shall stand reduced to the extent of the tax paid under the act provided the goods is taxable both under the finance act and the act.7. ..... of the act the importer is liable to pay tax on the scheduled goods and if he is also liable to pay tax under the finance act by virtue of sale of such scheduled goods then the tax under the finance act shall stand reduced to the extent of the tax paid under the act. ..... of the act read with rules the amount of tax under the act with regard to scheduled goods has to be deposited by the petitioner and thereafter he will claim reduction of the liability under the finance act to the extent of the tax paid under the act. ..... the counter-affidavit that earlier practice was that if the amount of tax has already been paid under the finance act then the amount of tax which the petitioner was liable to pay under the act was used to be adjusted. .....

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

Court : Patna

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

..... however, an amendment thereof was apparently deemed necessary and by section 9 of the bihar finance act, 1984, enforced on the 2nd april, 1984, the present sub-section (2a) was substituted in place of the earlier provision. ..... 1432 -- in exercise of the powers conferred by sub-section (2a) of section 31 of the bihar finance act, 1981 (bihar act 5 of 1981) part-i, the commissioner adopts forms xxvi1ia and xxviiib as the declaration for the purpose of the aforesaid sub-section which a person shall carry in respect of goods being transported for the purpose of verification and assessment of tax payable and prescribes the following manners in which such permit shall be utilized for verification and assessment of ..... , 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 during the course of inter-state trade, is violative of the freedom of trade guaranteed by articles 301 and 304 of ..... 1079 of 1985 (r) passed on 4-9-85 reported in 1987 blt (rep) 31 (supra). .....

Baijnath Prasad Vs. State of Bihar

Court : Patna

..... the petitioner, thereafter, filed an 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 above.5. ..... 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. ..... including the books of accounts and papers containing financial transactions, which were suspected to have been maintained in order to evade sales tax, were seized for the purpose of detailed examination in exercise of the power under section 37(3) of the bihar sales tax act, 1959 and seizure list was prepared in terms of the provisions contained in the aforesaid section, which have been now replaced by the bihar finance act, 1981. ..... this court in exercise of power under section 48(2)(b) of the bihar finance act, 1981 by order dated 20.2.1992 directed the commercial taxes tribunal (hereinafter referred to as 'the tribunal') to refer the questions of law as mentioned in the order for opinion of this court and in pursuance of which the tribunal prepared ..... the petitioner, thereafter, preferred a revision before the commercial taxes tribunal, bihar, patna and the tribunal by order dated 18.11.1987 dismissed the revision application.3. .....

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

Court : Patna

..... 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 ..... 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 ..... the petitioner has not only ventured to bid good bye to the provisions of bihar finance act but has in fact put in collected public money in furtherance of its own trade at the cost of poor masses of the ..... taxes divisions indicate that the petitioner is effecting sales after manufacturing 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. ..... after repeated instructions of the honourable court they have not discharged their full statutory liability on account of sales tax.that the petitioner was originally registered as a dealer under section 14 of the act at bhagalpur. ..... is effecting sale after manufacturing country liquor/spiced country liquor without taking any registration in the concerned registration circle as the law so provides and that action against the petitioner under sub-section (5) of section 17 is being initiated. ..... the section prescribes that such of the tax which may have escaped payment, penalty would also be .....

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

Court : Patna

..... 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 ..... (iii) the amendments introduced in the act by amending acts 10 of 2001 and 9 of 2004 were bad because the former made the act violative of article 304(a) of the constitution and further because both the amendments were made without the previous sanction of the ..... division bench of this court summarized its conclusions as follows:(i) the levy under the parent act of 1993, before its amendments, was not compensatory in character and was, therefore, violative of article 301 of the constitution ..... 4 with regard to refund of entry tax prior to the amending act of 2006, in accord with the decision that may be given by the supreme court in the appeal arising out of the judgment in the case of ..... the entry tax act has been amended by amending acts in the years 2001, 2004 ..... (v) after the 2006 amendment the levy under the act acquired the nature of a compensatory tax and the act in its present form is a valid piece of ..... (ii) the parent act of 1993, before its amendments, was nevertheless saved by virtue of article 304(b) of the constitution and the decision in bihar chamber of commerce to that extent remains subsisting ..... will have right to reconsider the exemption, at any point of time, and to amend any of the conditions or procedures. .....

Mushtaque Ahmed Vs. the State of Bihar and ors.

Court : Patna

..... 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 imposed on various articles including the country liquor.3. ..... 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 imported or manufactured inside india, opium and narcotics as the commodities on which sale tax shall be levied at first point of sale in bihar in manner prescribed in sub-section (2) of said section.the notification shall come into force with effect from date of its publicaion.4. ..... 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. ..... by this petition under article 226 of the constitution of india, the petitioner, who is a country liquor contractor carrying on business of vending country liquor by virtue of licence granted to him under section 20 of the bihar excise act, 1915 (hereinafter to be referred to as 'the act') challenges the validity of the notification beings s.o. no. .....

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

Court : Patna

..... 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 section 5 (2) was as follows:that part of a dealer's gross turnover during any period which remains after deducting therefrom:(a) his turnover during that period on:(i) the sale of goods declared tax-free under section 6; (ii) sale to a registered dealer:of goods of the class or classes specified in the certificate of registration of such dealer ..... 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 ..... 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 bihar and it is sufficient for the purpose of that section that the purchased goods are directly used in the manufacture of ..... dated 3.4.1992 (annexure-3) that as the petitioner was connected with mining operations only the certificate granted under section 13(1)(b) of the act for purchase of raw materials at concessional rates for use in manufacture was not proper and the certificate was ..... supreme court examined section 5(2)(a)(ii) of the bengal finance (sales tax) act, 1941, as .....

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

Court : Patna

..... provisions of section 48 of the bihar finance act, 1981. ..... for the respondent state has strongly 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. ..... probably, in our view the assessing authority has 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 of export manifested in the assessment order, which came to be confirmed in appeal, as ..... 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 well as, the revisional ..... by this writ petition, by invocation of the provisions of article 226 of the constitution of india, the petitioner, m/s indian oil corporation (in short 'ioc'), a company incorporated under the provisions of the companies act, 1956, and as such, a central government undertaking, has knocked the doors of justice on account of alleged illegal imposition of tax by an assessment order, dated, 14.4.1999, which came to be confirmed by the appellate authority, by order dated 12.5.2000, .....

industrial Packers and Co. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

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

..... 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 1-4-1989 to include section 43b, the only conclusion to be drawn was that section 43b could not be invoked for ..... that this substitution of "43a" by "43b" by the direct tax laws (amendment) act, 1987 w.e.f.1-4-1989 was only clarificatory and to bring it in line with the insertion of section 43b of the act w.e.f 1-4-1984. ..... has been provided in the act itself that the amendment, although made by the finance act, 1989, will take effect ..... submitted before us that "43b" was substituted for "43a" by the direct tax laws (amendment) act, 1987 with effect from 1-4-1989 only. ..... counsel for the assessee further submitted that the amendment in section 29 to include section 43b with effect from 1-4-1989 could not be made retrospective and in any case if two interpretations were possible, then the interpretation in favour of the ..... 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. ..... an oversight, the date from which 'total turnover' became relevant for the purpose of computation of deduction under section 80hhc was taken to be 1-4-1987 and not 1-4-1986. ..... 2) act, 1991 made itself applicable retrospectively from 1-4-1987 only .....