Just a moment...
Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the amended definition of "dealer" under the Bihar Sales Tax Act, 1947, as substituted by the Bihar Finance Act, 1950, includes a person making only a casual sale unconnected with his business so as to render such sale taxable.
Analysis: The amended definition replaced the words "business of selling or supplying goods" with "sells or supplies any goods", but the surrounding provisions of the Act continued to refer to business, including the charging and procedural provisions, the prescribed forms, the rules, and the concept of turnover. Reading the amendment in isolation would create inconsistency within the statute and would enlarge the tax burden beyond what the original scheme contemplated. In a taxing statute, a new burden must be imposed in clear terms, and where two constructions are possible the one favourable to the subject is to be preferred. On a harmonious reading of the original Act and the amendment, the wider language was confined to sales connected with a business, including the newly added categories of contract business and Government sales, rather than every isolated or casual sale.
Conclusion: A person who makes only a casual sale not connected with his business is not a "dealer" within the amended definition, and such sale is not liable to sales tax.