AFTAB ALAM, SAMARENDRA PRATAP SINGH
Indian Oil Corporation Limited, – Appellant
Versus
State Of Bihar – Respondent
Aftab Alam, J.
1. These two writ petitions challenging the constitutional Validity of Bihar Entry Tax were taken up for hearing in light of the direction of the Supreme Court in order, dated 14.7.2006 in Jindal Stainless Limited (3) vs. State of Haryana and Others (2006)7 SCC 271.
2. Having regard to the fact that the law in Bihar underwent many changes during the past six years, it becomes necessary to begin at the beginning and to take a brief look at some developments taking place in the past.
3. The Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale therein Act, 1993 (Bihar Act 16 of 1993) came into force on 22.8.1993. According to its preamble, the Act provided for levy and collection of tax on entry of goods into local areas for consumption, use or sale therein. Sec.2(c) of the Act defined "entry of goods" as follows:
"(c) "Entry of Goods" with all its grammatical variations and cognate expressions means entry of goods into a local area from any place outside that local area or any place outside the State for consumption, use or sale therein."
4. Sub-sections (d), (e) and (f) defined "importer", "import value" and "local areas" respectively. Sec
Subodhaya Chit Fund (P) Ltd. And Another V/s. Director Of Chits, Madras And Another
Syed Ahmed Aga And Others V/s. The State Of Mysore And Others
Atiabari Tea Company Limited V/s. State Of Assam
Automobile Transport (Rajasthan) Limited V/s. State Of Rajasthan
B. Shama Rao V/s. Union Territory Of Pondicherry
Bihar Chamber Of Commerce V/s. State Of Bihar And Others
Deep Chand & Others V/s. The State Of Uttar Pradesh And Others
Mahendra Lal Jaini V/s. State Of Uttar Pradesh And Others
Saghir Ahmad And Another V/s. State Of U.P. And Others
Shaktikumar M. Sancheti And Another V/s. State Of Maharashtra And Others
State Of Bihar And Others V/s. Bihar Chamber Of Commerce
Syndicate Bank V/s. State Of Karnataka And Others
West Bengal Hosiery Association And Others V/s. State Of Bihar And Another
Weston Electroniks And Another V/s. State Of Gujarat And Others
D. Cawasji & Co., Mysore V/s. The State Of Mysore & Another
Dugdh Utpadak Evam Vikreta Sangh, Jabalpur And Others V/s. The State Of Madhya Pradesh And Others
Jindal Stainless Limited (3) V/s. State Of Haryana And Others
Khyerbari Tea Co. Ltd. V/s. State Of Assam
M:s Indian Oil Corporation Limited And Another V/s. State Of Uttar Pradesh And Others
Netley "b" Estate V/s. Assistant Commissioner Of Agriculture In-come-tax And Another
State Of Karnataka And Another V/s. M:s Hansa Corporation
M:s Hanant Lal Agrawal And Others V/s. State Of Bihar And Others
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.