(1.) The petitioner No.1-Shree Bharat Motors Ltd., public limited company registered under the Companies Act, 1956, represented by Sri Jay Prakash Didwania, Managing Director of the company joined as the petitioner No.2 (hereinafter referred to as 'petitioner') questioning the veracity of Assessment Order dtd. 11/11/2016 passed by the Assessing Authority (ET), Bhubaneswar-I Circle, Bhubaneswar under Sec. 9C of the Odisha Entry Tax Act, 1999 ('OET Act' for short) pertaining to tax periods 1/4/2013 to 31/3/2015 (Annexure-6) and issue of Notice(s) in Form E-24 prescribed under Rule 10(6)(b) of the Odisha Entry Tax Rules, 1999 (for brevity referred to as, 'OET Rules') whereby along with the quantum of deficit tax found in the returns relating to the tax periods from 1/4/2015 to 30/4/2017, the Assessing Authority raised demand(s) of interest @ 1% per month in terms of Sec. 7(5) vide Annexure-9 series, assailed the revised entry tax demand notice issued in Form E-8 by the Deputy Commissioner of Sales Tax, Bhubaneswar-I Circle, Bhubaneswar for the tax periods from 1/4/2008 to 31/3/2015 as upheld vide Annexure-10, i.e., Order dtd. 24/6/2017 passed in Revision Case No.30(E)/2017-18 by the Commissioner of Sales Tax, Odisha while disposing of revision petition filed at the behest of the petitioner under Sec. 18 of said Act.
(2.) Instant dispute has roots in the Judgment dtd. 13/11/2002 delivered by the Division Bench of this Court in the matters of Indian Metals and Ferro Alloys Corporation of Odisha Vs. State of Odisha, OJC No.3995 of 2000 and etc. etc., wherein referring to inter alia law laid down in Atiabari Tea Co. Ltd. Vs. State of Assam, AIR 1961 SC 232; Automobile Transport of Rajasthan Vs. State of Rajasthan, AIR 1962 SC 1406; Khyerbari Tea Co. Ltd. Vs. State of Odisha, AIR 1964 SC 925; Bhagat Ram Vs. Commissioner of Sales Tax, (1995) 1 SCC 673; State of Bihar Vs. Bihar Chamber of Commerce, (1996) 9 SCC 136 =(1996) 103 STC 1 (SC) while declining to strike down the OET Act, 1999, applied the principle of reading down and held as follows:
(3.) Whether, pursuant to direction of this Court the Committee having recommended not to enforce penalty for non-payment or withholding of entry tax, except in cases of suppression, the taxable persons/dealers are liable to pay interest under Sec. 7(5) for the period from 2010 (interim Order dtd. 3/2/2010 being passed by the Supreme Court in State of Odisha Vs. Reliance Industries Ltd., I.A. Nos. 327-651 in SLP(C) Nos.14454-14778/2008) to 2017 (till 28/3/2017, i.e, date on which the Division Bench of Supreme Court allowed the appeals of the State of Odisha)?
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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