TMI Blog1997 (1) TMI 500X X X X Extracts X X X X X X X X Extracts X X X X ..... exempted sale put forward under section 5(2) and section 6(2) of the Central Sales Tax Act, 1956 had been wrongly disallowed/ rejected by the assessing authority. The petitioner then seeks to have the demand notices in pursuance to these assessment orders quashed as well. Further prayer is for a direction to the assessing authority "to issue summons upon the representatives of the petitioner's clients under section 10 of the Bihar Finance Act, 1981 for their examination on oath or affirmation and production of relevant documents required by respondent No. 4 for the purpose of consideration of petitioner's above claim of exemption." 2.. It could not be disputed that the impugned orders are appealable under section 45 of the Bihar Finance A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ified in the circumstances of the case. The amount of tax demanded at the first blush would seem to be quite enormous, but then as to what is the status as regards financial assets of the petitioner we would not know. In any case, if we accept the submission of the petitioner that an appeal would not be an appropriate remedy on account of its inability to deposit 20 per cent of the tax demanded, the petitioner on its own showing can certainly file a revision before the Commissioner of Commercial Taxes. Sub-section (4) of section 46 of the Bihar Finance Act, 1981 is as under: "(4) The Commissioner may, on his own motion call for and examine the records of any proceeding in which any order has been passed by any other authority appointed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or purchases in the return furnished under sub-section (1) of section 16 or otherwise, the prescribed authority shall, after giving such a dealer an opportunity of being heard in the manner prescribed, by an order in writing direct that he shall in addition to any tax which is or may be assessed under section 17, pay by way of penalty, in a case falling in clause (a), a sum not exceeding three times but not less than an amount equal to the amount of tax and in a case falling in clause (b), a sum not exceeding two times but not less than an amount equal to the amount of tax on the suppressed turnover or on concealed or incorrect particulars. (2) The penalty under sub-section (1) may be imposed before completion of assessment; and for dete ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Act, he shall take further action pursuant to the impugned notice, annexure I. If, however, he comes to the conclusion that no incorrect particulars have been furnished, he will pass an appropriate order discharging the notice. Needless to say that in respect of both proceedings, the petitioner will have an opportunity of hearing and it will be open to the petitioner to urge all contentions in defence. This is without prejudice to the contention of the petitioner that even an exemption claimed if disallowed, will not attract the imposition of penalty. It is needless to say that it is always open to the aggrieved party to challenge the order that may be passed in accordance with law before the appropriate forum." 6.. Thus it would be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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