STAR IRON WORKS P LTD Vs. COMMISSIONER OF COMMERCIAL TAXES
HIGH COURT OF CALCUTTA
STAR IRON WORKS (P.) LTD
COMMISSIONER OF COMMERCIAL TAXES
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M.N. Roy, J. -
(1.) In this rule, which was obtained with the corresponding interim order on 9th August, 1977, the petitioners, whose particulars would be mentioned hereafter, have impeached the act of the seizure and the notice for production of their books of account in terms of the provisions of the Bengal Finance (Sales Tax) Act, 1941 (hereinafter referred to as the said Act).
(2.) Petitioner No. 1, M/s. Star Iron Works (P) Ltd., is a company incorporated under the Indian Companies Act, 1956, and is a registered dealer within the meaning of the said Act and also under Central Sales Tax Act, 1956 (hereinafter referred to as the said Central Act), and petitioner No. 2 has stated to be a shareholder and managing director of petitioner No. 1. The petitioners have stated that they mainly deal in overhead transmission lines, hard wire and supplies for sale of such commodity exclusively to Electricity Board under the management and control of various State Government, some particulars whereof have been mentioned in paragraph 3 of the petition. It was their specific case that the sales were and are almost exclusively confined to the State Electricity Boards as mentioned in the said paragraph 3. It was also the case of the petitioners that their accounting year ends on the day of Marwari Dewali i.e., on the 15th day of Kartick Bodi of each Sambot year, and their assessment for the year ending Kartick Bodi 15, 2029, was already completed at the time of obtaining the Rule.
(3.) It has been stated that from the beginning of Sambot year 3032 which was corresponding to November, 1975, the petitioners were experiencing acute financial crisis and taxes to the tune of over Rs. 4 lakhs fell due and payable by them under the said Central Act and their assessments for the periods of four quarters ending Kartick Bodi 15, 2026, and Kartick Bodi 15, 2027, have also been completed by the Commercial Tax Officer, Shyambazar Charge, on 11th May, 1973, and 6th May, 1974, respectively. The petitioners have further stated that the period of 6 years from the end of the assessment periods relating to four quarters ending Kartick Bodi 15, 2026 and four quarters ending Kartick Bodi 15, 2027, expired on or about 8th December, 1975, and 28th November, 1976, respectively and as such, their books of account, registers and documents relating to those years, were not required to be preserved under the provisions of Rule 69A of the Bengal Sales Tax Rules, 1941 (hereinafter referred to as the said Rules).;
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