9911796707
TMI Blog2005 (9) TMI 595X X X X Extracts X X X X X X X X Extracts X X X X ..... rcial Taxes, Patna South Circle, Patna directing it to make payment of Rs. 26 lakhs as advance tax for the year 2005-06 and to make payment of Rs. 11 lakhs as estimated tax for the fourth quarter (January to March, 2005). Copy of the said notice has been annexed as annexure 1 to the writ petition. The grievance of the petitioner is with regard to two periods as indicated above. With regard to the demand for payment of estimated tax for the fourth quarter (January to March, 2005), notice has been assailed on the ground that the petitioner has already deposited all the taxes up to February, 2005 and also estimated tax in advance for the month of March, 2005 and as such there is no question of further payment of estimated tax for the fourth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct of the year. Thereupon the dealer shall pay the amount so determined by such date as may be fixed by such authority." "Year" has been defined in section 2(z) of the Act which runs as follows: "'Year' means a financial year: Provided that the State Government may by notification and subject to such conditions and restrictions as it may impose, fix any other period to be the year for such purposes as may be specified in the notification." According to the definition, "year" means financial year and the same has been defined under section 4(20) of the Bihar and Orissa General Clauses Act, 1917 as meaning the year commencing on the first day of April. Under section 3(10) of the Act liability is cast upon the dealer. The dealer has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of advance tax for the financial year 2005-06 in the financial year 2004-05 is contrary to the provisions contained under section 3(10) of the Act and accordingly, that part of the notice is quashed. So far as the grievance with regard to demand of payment of tax of Rs. 11 lakhs for the current financial year for the fourth quarter (January to March, 2005) is concerned, that is permissible under the provisions of section 3(10) of the Act and that requires no interference. It is to be stated that the question raised in this case has now become academic as after coming into force of the Value Added Tax Act all matters have to be dealt with under the provisions of that Act. In the result, this application is allowed in part. - - Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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