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2014 (3) TMI 781 - PATNA HIGH COURTAccrual of Benefit or concession of tax u/s Clause 2(xiii) of the Industrial Incentive Policy of the State of Bihar, 2006 notification – Whether assessee is eligible for concession when revenue already collected CST at the rate of 4 per cent before the notification reduced the same to 1 per cent –Held that:- There would be no occasion for any seller of goods to collect tax at any other rate contrary to the prevalent notified rate which is in place, because any under collection on behalf of seller would create a liability upon him, to make good the difference in the rate collected and what is required to be paid to the State exchequer - Since there is evidence that this was not done but is an effort now to show that it has been done, which cannot be established from the records, the concession and the benefit of the Industrial Policy cannot accrue to the assessee when he had already collected CST at the rate of 4 per cent till the notification reducing the same to 1 per cent was issued by the State Government on 12.10.2006. There is no occasion to interfere, with the assessment orders - The present dispute is only a camouflage under the garb of the Industrial policy with the object of negating the assessment order – Petition dismissed - Decided against assessee.
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