Nagendra Rai, J.

1. This writ petition has been filed for quashing the order dated January 10, 2002 passed by the Commercial Taxes Tribunal, Bihar, Patna, in Revision Case No. 24 of 2001, dismissing the revision application against the order dated January 24, 2001, passed by the Commissioner of Commercial Taxes, Bihar, Patna, in exercise of the suo motu power of revision, by which the learned Commissioner has upheld the order dated May 27, 2000 passed by the Assistant Commissioner of Commercial Taxes, Patna city (West) circle, Patna city, under the provisions of the Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act, 1993 (hereinafter referred to as "the Act"), read with the provisions of sec. 17(2) of the Bihar Finance Act, 1981 .

2. The period for which the liability has been determined under the Act is October 15, 1998 to March 31, 1999. The tax has been determined as Rs. 59,16,941.51 and Rs. 2,020 has been added as penalty u/s. 16(8) of the Bihar Finance Act, read with sec. 8 of the Act. Thus, the total liability of the entry tax determined against the petitioners including the penalty for the relevant period is Rs. 59,18,962.

3. The petitioner No. 1 is a company registered under the Companies Act and its head office is at Bombay and regional office at Kolkata. It is engaged in carrying on business of selling and distributing its products in Bihar through its carrying and forwarding agents (for short, "C and F agents") set up at different places in the State of Bihar, namely, Patna, Raxaul, etc. It also engages C and F agents through individual contracts with each party. Petitioner No. 2 is a shareholder of petitioner No. 1 and is interested in the business of the petitioner-company.

4. The admitted fact is that petitioner No. 1 is a dealer under the provisions of the Bihar Finance Act and registered as such. It is also registered under the provisions of the Act, According to the petitioners, its C and F agents maintains the godown for restoring the vegetable hydrogenated oil in Mohalla Pahadi under Patna city west circle in Patna city. It has filed a return for different periods, including the relevant period October 17, 1998 to March 31, 1999 and paid tax on the hydrogenated oil brought from outside the State of Bihar. It purchased the vegetable hydrogenated oil at Mihrjam and Dehri-on-Sone situated in the State of Bihar from the manufacturers therein, and after purchase the same were brought to Patna and kept in the custody of its C and F agent. The said goods were sold to its stockists located in the different parts of Bihar, including Patna. They were also sold in the other local areas in Bihar and also sent outside the State of Bihar by way of stock transfer and/or export to places outside India. In the return filed under the Act, petitioner No. 1 included the purchases made at Mihijam and Dehri-on-sone both situated in the State of Bihar, but claimed exemption in terms of Rule 7(1) of the Rules framed under the Act and also on the grounds that the goods were neither consumed nor used, nor sold in Patna for the purpose of use and consumption in the Patna local area. The assessing authority did not allow the exemption and made the assessment u/s. 17(2) of the Bihar Finance Act, read with sec. 8 of the Act, which makes the provision of the Bihar Finance Act and the Rules framed thereunder applicable to the proceedings under the Act and assessed the tax and penalty as stated above by order dated May 27, 2000 (annexure 2 to the writ application).

5. Against the said order, a revision u/s. 46(4) of the Bihar Finance Act was filed before the learned Commissioner, Commercial Taxes, Bihar, Patna, who dismissed the same by order dated January 24, 2001. Thereafter, the petitioner filed a revision before the Commercial Taxes Tribunal, Patna, being revision No. 24 of 2001, who heard the same along with other revisions filed by the petitioners with regard to other periods and by a compos