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august 2011

Supreme Court of India · 2011-08-10

STATE OF JHARKHAND & ORS.ETC. vs M/S SHIVAM COKE INDUSTRIES ,DHANBAD ETC.

Citation / case number
SC 2008/18907
Court
Supreme Court of India
Petitioner
STATE OF JHARKHAND & ORS.ETC.
Respondent
M/S SHIVAM COKE INDUSTRIES ,DHANBAD ETC.
Author
MUKUNDAKAM SHARMA
Bench
MUKUNDAKAM SHARMA,ANIL R. DAVE, , ,

Judgment text excerpt

The Supreme Court addressed appeals concerning tax assessments under the Bihar Finance Act, 1981 and the Central Sales Tax Act, 1956. The Court held that the Deputy Commissioner of Commercial Taxes acted beyond his authority by initiating proceedings under Section 46(4) of the Bihar Finance Act after the assessment had been finalized. The Court ruled that the revised assessment orders were valid and upheld the right of the respondent to claim a refund of excess tax paid, thereby allowing the appeals in favor of the respondent.

STATE OF JHARKHAND & ORS.ETC. vs M/S SHIVAM COKE INDUSTRIES ,DHANBAD ETC. · Niyam