Swastic Engineering Works vs The State of Bihar and Others

The Court is not inclined to interfere the order which has been impugned (sic)d 13 September 1994, whereby the Petitioner has not received the relief to (sic)ive refund on sales tax under the Bihar finance Act, 1981. The contention of the (sic)oner is that in any case he was not (sic)eable to sales tax as he was enjoying sales tax holiday, which was granted to for setting up a new industries. This statement cannot be taken in the affirmative because in para 9 of the petition there is an issue whether the exemption had been granted only with the liability to pay sales tax on purchase of raw materials or on the sales tax of finished products manufactured by the Petitioner. Be that as it may the issue is about an assessment order which the Petitioner says denies refund of sales tax. The Petitioner instead filing an appeal u/s 45, filed an application for review.

In the circumstances clearly the Petitioner is avoiding the appellate provision which provides a clear cut remedy for the issues to be debated.

In so far as the refund is concerned it will not be appropriate for this Court to make any finding on the issues on the content of the tax holiday granted to the Petitioner. Further, the Court would not, know whether the Petitioner still manufactures and if the Petitioner may be entitled to refund which could be adjusted on future assessments.

In the circumstances fully relying on the judgment of the learned judge and dis-agreeing with nothing the order of the learned Judge, the order of September 13, 1994 is upheld.

However, if the Petitioner desires to take recourse to the provisions of an appeal u/s 45 he may do so at the appropriate forum within one month from today.

Dismissed.