LAWS(SC)-1970-9-31

HANS RAJ BAGRECHA Vs. STATE OF BIHAR

Decided On September 18, 1970
Hans Raj Bagrecha Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) This appeal is filed with certificate granted by the High Court of Patna under Article 133(1)(a) of the Constitution.

(2.) The appellant Hansraj Bagrecha carries on business in jute. In the course of his business the appellant buys raw jute from producers in West Bengal, transports it to Kishanganj Railway Station (which is within the State of Bihar) and then re-exports it to purchasers in West Bengal. He also buys raw jute in Bihar and exports it to the merchants or mill owners in West Bengal by rail from Kishanganj Railway Station.

(3.) The Bihar Sales Tax Act, 1959, as originally enacted did not provide for levy of purchase tax. By the Bihar Finance Act, 1966, with effect from April 1, 1967, among others the following sections were incorporated in the Bihar Sales Tax Act, 1959 :