Judgment Search Results Home > Cases Phrase: finance act 2007 section 127 amendment of section 32n Court: patna Page 2 of about 17 results (0.412 seconds)

Larsen and Toubro Ltd. Vs. State of Bihar and ors.

Court : Patna

..... absence of the said provision the tax cannot be levied, the appellants before them were entitled to succeed. the supreme court quashed the assessment orders.18. section 21 of the bihar finance act reads as under : '21. taxable turnover.--(1) for the purpose of this part the taxable turnover of a dealer shall be that part of ..... mean that price, upon calculation of the entire payment payable to the contractor on satisfactory completion of the contract. the 'works contract' is defined under section 2(ww) of the bihar finance act, 1981. it reads as under : '2(ww) 'works contract' means any agreement for carrying out for cash or deferred payment or other valuable consideration ..... penalty is not only confiscatory in its nature but is also bad because no follow up legislation to section 21(1) of the bihar finance act has been enacted nor the rules to make section 21(1) of the bihar finance act workable have been made. according to the petitioners, the amount already paid by them towards the tax .....

Shakumbhri Udyog Vs. State of Bihar and ors.

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 .....

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

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 .....

Kalyanpur Cements Ltd. Vs. the State of Bihar and ors.

Court : Patna

..... of manufacturing goods for sale. the word 'manufacture', with all its grammatical variations and cognate expression, shall have the same meaning as defined in the bihar finance act, 1981. from a conjoint reading of clauses 22, 23 and 24 and the definition clauses annexed to the policy it would clearly appear that the government was ..... said proposal vide annexure-5 the state level committee decided to seek the legal opinion of the advocate general, bihar that whether under the provisions of bihar finance act the benefit of sales tax exemption could be considered for 'a potentially viable sick industrial unit' or not and if the said benefit cannot be extended under ..... a committee headed by the development commissioner which decided that for the purposes of giving sales tax exemption if amendments are required to be made in bihar finance act, the same be done after taking legal opinion. in support of this contention reliance has been placed on the minutes of the meeting annexed asannexure-4. .....

Sri Parimal and anr. Vs. State and ors.

Court : Patna

..... also provision to grant permission for erection of such hoardings. to elucidate in a convenient manner, it would be apt to notice the provisions of section 62 of the finance act in extenso:section 62 is the interpretation clause. clause (a) of the said provision reads thus:'advertisement' includes any erection, fixation, announcement, display, exhibition, ..... if the latter statute is in affirmative terms it is often found to involve that negative which makes it fatal to the earlier enactment.section 66 of the bihar finance act is also couched in negative terms.21. therefore, from a close scrutiny of all the relevant materials brought on record and the legislative ..... rule 3 of the bihar advertisement rules, 1982. therefore, in case of any violation of the provisions of the finance act, the commercial taxes authorities were duly empowered under section 77(a) of the finance act to take a suitable action. but, the district magistrate had no jurisdiction to interfere with their business and take .....

Shakti Tubes Ltd., a Company Incorporated Under the Provisions of the ...

Court : Patna

Reported in : 2010(58)BLJR159

..... case no. pt -193/99 (shakti tubes ltd. v. state of bihar), whereby the order passed by the authorities under the provisions of the bihar finance act (hereinafter referred to as 'the act'), has been upheld, and it has been held that the petitioner is not entitled to the benefit of exemption from payment of purchase tax on raw materials ..... had already commenced production before 1.4.1993, and its capital investment was less than rs. 15 crores.3. in view of the provisions of section 7(3)(b) of the act, and in purported exercise of powers under paragraph 10.5 read with the provision of paragraph 10.4 of the 1993 industrial policy, the state government ..... statement of facts essential for the disposal of the writ petition may be indicated. the petitioner is a private limited company, incorporated under the provisions of the companies act 1956, and has set up a steel plant at hajipur, district vaishali. the state government had issued its industrial policy for rapid growth of industries in the state .....

Classic Automobiles Vs. State of Bihar and ors.

Court : Patna

..... of entry of goods into the local area, steps to recover such a tax can be taken by the state under section 27 of the finance act straightaway. the notice of demand under section 25 of the finance act not being a condition precedent for payment of entry tax at the time of entry of the goods into the local ..... paise) for the assessment years 1996-97 and 1997-98 respectively, two identical orders dated march 25, 1998 have been issued under section 27 of the bihar finance act, 1981 (hereinafter referred to as 'the finance act') by the assistant commissioner of commercial taxes, dhanbad, attaching the bank accounts of the petitioner in the oriental bank of commerce, dhanbad ..... sales tax, which is involved in these cases. what is sought to he recovered here is the entry tax regarding which notice of demand under section 25 of the finance act is not a condition precedent. the first submission of the learned counsel for the petitioner is accordingly rejected.16. the second submission of the learned .....

Eureka Forbes Ltd. Vs. State of Bihar and ors.

Court : Patna

..... and thereby the impugned orders on different grounds, as enumerated below : (i) audit report cannot constitute an information, as enumerated under section 19(1) of the bihar finance act, 1981 and on that basis, no proceeding for reassessment can be initiated ;(ii) there is no new material on the record to make ..... while rejecting the reply of the petitioner reassessed the petitioner for the aforesaid periods. the petitioner thereafter filed petition for revision under section 46(4) of the bihar finance act, 1981, which has also been rejected by the respondent-commissioner of commercial taxes, patna vide orders as contained in annexure 3 ..... doing business of selling vacuum cleaner. petitioner has challenged notices issued by the respondent-deputy commissioner of commercial taxes, jamshedpur, under section 19(1) read with section 17(2) of the bihar finance act, 1981 (annexure 1 series in respective writ petitions) ; orders of reassessment (annexure 2 series of respective writ petitions) and .....

S.C.i. India Ltd. Vs. State of Bihar and ors.

Court : Patna

..... in exercise of powers under section 7 of the bihar finance act, 1981, found to be repugnant to the industrial policy must be held to be bad to that extent.15. it is also to be kept ..... should not be exercised in a manner that they are denied the benefit which is otherwise available to such unit under the industrial policy. notification under section 7 of the bihar finance act, 1981, is issued to carry out the objects of the industrial policy and in that view of the matter, any notification issued by the government ..... of commencement of production. on september 2, 2000 the deputy commissioner of commercial taxes ordered for issuance of show cause notice against imposition of penalty under section 16(9) of the bihar finance act, 1981. in the meantime, the petitioner seems to have obtained a fresh certificate from the industries department on september 29, 2000 under letter no. .....

State of Bihar and anr. Vs. Lucky Paper Industries

Court : Patna

..... to the payment of tax thereon was filed. the assessing officer estimated their value at rs. 3,10,000/- and taxed it under section 4 of the bihar finance act, hereinafter referred to as the act, on an assumption that the tax was not paid.aggrieved by the same, assessee filed appeal which was dismissed by order dated 28th september ..... chandramauli kr. prasad and jayanandan singh, jj.1. in exercise of the power conferred under section 48(3) of the bihar finance act, upon receipt of an application under clause (b) of sub-section (2) of section 48 of the act, this court by order dated 28.8.1992 required the commercial taxes tribunal bihar, patna to state a case and refer ..... india ltd. v. state of haryana : [1991]188itr402(sc) wherein the provisions of section 9(1)(b) of the haryana general sales tax act, 1973 was declared ultra vires. he points out that at no point of time section 4 of the bihar finance act has been declared as ultra vires and the said provision being still in force, the .....