J.C. Shah, J. - (1.) This appeal is filed with certificate granted by the High Court of Patna under Article 133(1)(a) of the Constitution.
(2.) The appellant Hansraj Bagrecha carries on business in jute. In the course of his business the appellant buys raw jute from producers in West Bengal, transports it to Kishanganj Railway Station (which is within the State of Bihar) and then re-exports it to purchasers in West Bengal. He also buys raw jute in Bihar and exports it to the merchants or mill owners in West Bengal by rail from Kishanganj Railway Station.
(3.) The Bihar Sales Tax Act, 1959, as originally enacted did not provide for levy of purchase tax. By the Bihar Finance Act, 1966, with effect from April 1, 1967, among others the following sections were incorporated in the Bihar Sales Tax Act, 1959 : Section 3A The State Government may from time to time, by notification declare any goods to be liable to purchase tax on turnover of purchase : Provided that general sales tax and special sales tax shall not be payable on the sale of goods or class of goods declared under this section. Section 5 A "The purchase tax on goods declared under Section 3 A shall be levied at the point of purchase made from a person other than a registered dealer." By a notification dated September 14, 1966 the Governor of Bihar declared 'jute' as a commodity liable to purchase tax at the rate specified in the notification.;