2002 (4) TMI 925 - HC - VAT and Sales Tax

Issues Involved:
1. Applicability of Statutory Orders made by the Governor of Bihar in the successor State of Jharkhand.
2. Entitlement of the respondent to benefits of sales tax exemption on purchase of raw materials.
3. Validity of the exemption certificate post bifurcation of Bihar.
4. Relevance of new notifications and industrial policies by the Government of Jharkhand.
5. Applicability of the Central Sales Tax Act.

Issue-wise Detailed Analysis:

1. Applicability of Statutory Orders Made by the Governor of Bihar in the Successor State of Jharkhand:
The core issue was whether statutory orders issued by the Governor of Bihar, specifically S.O. No. 478 dated December 22, 1995, continued to apply in the newly formed State of Jharkhand post bifurcation. The court held that in view of sections 84 and 85 of the Bihar Re-organisation Act, the laws in force in Bihar prior to the appointed day (November 15, 2000) continue to apply in Jharkhand until the Jharkhand State either adopts or modifies them. The statutory orders and notifications issued by Bihar remain effective unless repealed or amended by Jharkhand's competent authority.

2. Entitlement of the Respondent to Benefits of Sales Tax Exemption on Purchase of Raw Materials:
The respondent, M/s. Swarn Rekha Cokes and Coals Private Limited, claimed entitlement to tax-free purchase of coal based on an exemption certificate issued under S.O. No. 478. The court confirmed that the respondent is entitled to these benefits until December 20, 2006, as per the certificate's validity, since the statutory order had not been repealed or amended by Jharkhand.

3. Validity of the Exemption Certificate Post Bifurcation of Bihar:
The exemption certificate issued to the respondent by the Commercial Taxes Officer, Madhubani, was deemed valid in Jharkhand. The court emphasized that the statutory orders and notifications issued under the Bihar Finance Act continue to be applicable in Jharkhand unless modified or repealed by the new state. The respondent's entitlement to tax-free purchases was upheld based on the existing statutory order.

4. Relevance of New Notifications and Industrial Policies by the Government of Jharkhand:
The appellants argued that new notifications and the Industrial Policy of Jharkhand, effective from November 15, 2000, superseded the old policies. The court rejected this argument, stating that the new notifications (S.O. No. 65, S.O. No. 66, and S.O. No. 67 dated January 12, 2002) did not relate to the exemption under section 7(3)(b) of the Bihar Finance Act and therefore did not affect the respondent's entitlement. The Jharkhand Industrial Policy of 2001 was deemed irrelevant to the respondent's case as it applied to new industrial units set up after the bifurcation.

5. Applicability of the Central Sales Tax Act:
The appellants contended that inter-State transactions might attract the Central Sales Tax Act. The court clarified that any inter-State sale or purchase falling under sections 3, 4, and 5 of the Central Sales Tax Act is excluded from the Bihar Finance Act's purview. The assessment of whether a transaction attracts the Central Sales Tax Act is a matter for the assessing officer and does not affect the respondent's entitlement to tax exemption under the Bihar Finance Act.

Conclusion:
The court upheld the respondent's entitlement to the benefits of sales tax exemption on the purchase of raw materials based on the statutory orders issued by the erstwhile State of Bihar. The appeal was dismissed, affirming that the statutory orders continue to be applicable in Jharkhand until modified or repealed by the new state's competent authority. The principles of promissory estoppel and legitimate expectation further supported the respondent's claim.

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