9911796707
TMI Blog2003 (3) TMI 744X X X X Extracts X X X X X X X X Extracts X X X X ..... a Circle, Patna, as contained in Annexure -1 series, levying entry tax for the assessment years 1999 - 2000 and 2000 -2001 under the provisions of Bihar Tax on Entry of Goods into Local Areas (for Consumption, Use or Sale Therein) Act, 1993, hereinafter referred to as the Act. It is an admitted position that there is right of statutory appeal against the said order. Learned counsel for the petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n inter -State sale is contrary to the mandate contained in Article 286(1)(a) of the Constitution of India. Entry tax is not a tax on sale. It is a tax which is in the nature of fee for entry of goods into local areas for the purposes of sale, consumption and use therein. It is also settled that the State Legislature has power to legislate on the said subject by virtue of Entry 52 of List II (Stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Lever Ltd. V/s. State of Bihar, 2003(1) PLJR 535, and has held in para -21 as follows : 21. Thus, in view of the settled law, the authorities under the Act including the Tribunal, have committed a serious error of law in holding that once the goods have entered into the local area and have been sold, the charging section will come into play and the dealer will be liable to pay tax. The autho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resaid purposes or the sale is not connected with use, consumption or sale therein. The said question cannot be said to be pure question of law justifying interference in writ jurisdiction bypassing right of statutory appeal provided to the petitioner, in our view, the authorities are competent to consider the matter in the light of law settled by this Court as well as Apex Court reference of whic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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