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Case Law Details

Case Name : M/s Indian Oil Corporation Ltd. Vs State of Bihar (Patna High Court)
Appeal Number : Civil Writ Jurisdiction Case No. 17151 of 2014
Date of Judgement/Order : 19/04/2017
Related Assessment Year :
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Relevant Extract of the High Court Judgment / Order is as follows:-

30. Having heard learned counsel for the parties at length and on going through various aspects of the matter, we are of the considered view that the following questions arise for consideration in the petitions:-

(i) Whether the second proviso to Section 3(2) of the Entry Tax Act is ultra vires to the Constitution?

(ii) Whether interest can be levied in the matter of late payment of entry tax under the Entry Tax Act, by virtue of the provisions of the Bihar Finance Act, and, with the aid of Section 8 of the Entry Tax Act?

(iii) Whether entry tax is liable to be paid when the goods only enter the local area and after such entry is subjected to sell only without there being any use of consumption of the goods in the local area?

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