BIHAR FINANCE ACT 1981 PDF DOWNLOAD
Second proviso to the Bihar Finance Act, (now Jharkhand) as amended by Notification dated 2nd January 2. The Bihar Finance Act. 4] then initiated the proceeding suo motu under Section 46(4) of the adopted Bihar Finance Act, [now repealed] and issued notice/Memo. Provided that dealers registered under the Bihar Finance Act, , as it stood before its repeal by section 94, shall be deemed to be dealers.
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Section 3 1 of the Entry Tax Act and the exemption notification No. SO 37 dated 25th February, issued by the State Government. It was held that "tax" as defined under clause 2 x of the Act includes additional tax.
Clause 2 of the exemption notification issued clearly stipulated that if there was liability under the Act then that shall be reduced to the extent of tax paid under the Ordinance issued in relation to the entry tax.
It was further held that as additional tax is also a part of tax as stipulated in clause 2 bihar finance act 1981 the Act, the appellant is entitled to benefit under the bihar finance act 1981 and its liability for payment of additional tax has to be adjusted against payment of tax under the Entry Tax Act.
Where it bihar finance act 1981 necessary to the prescribed authority to do so for the proper realisation of the tax payable under this Act, he may, by an order in writing and for reasons to be recorded therein, direct a dealer to furnish such security and in such manner as may be prescribed.
Provided further that different' taxable quantum may be prescribed for different classes of dealers. Insertion of a new Section 3A after Section 3 of the Act. Burden of Proof The burden of proving that any sale or purchase effected by a dealer is not liable to tax under section 6 or section 7 or sub-section 2 of section 13, as the bihar finance act 1981 may be, or that he is eligible for an input tax credit under section 16 and section 17 shall be on the dealer.