1960 (7) TMI 49

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....endent of Sales Tax at Chaibasa called upon petitioner No. 2 to submit a return of turnover of biris for the purpose of imposing sales tax under the provisions of the Bihar Sales Tax Act. Petitioner No. 2 objected that no sales tax was leviable on the sale of hand-made biris. The objection was overruled by respondent No. 1. The petitioners have accordingly moved the High Court for grant of a writ under Article 226 of the Constitution restraining the respondents from imposing sales tax for the period from the 14th December, 1957, to the 30th June, 1958, with respect to the sale of hand-made biris. On behalf of the petitioners learned counsel submitted that the sale of hand-made biris was exempt from taxation under the notification of the ....

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....State Government such amount by such date as is determined by the latter as tax payable on the sale of such stock of the said goods, held by or for such dealers, as has not borne the incidence either of the Bihar Sales Tax or of Additional Duties of Excise as under Additional Duties of Excise (Levy & Distribution) Bill, 1957, read with the Provisional Collection of Taxes Act, 1931 (XVI of 1931) and provided further that for the purpose of such determination the dealers furnish to the Superintendent of Sales Tax, within a fortnight of the date of this notification, a correct and complete return, supported by an affidavit in the respect of such stock.   " It was contended on behalf of the petitioners that the expression "tobacco", ....

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....f the year 1954, and the amendment which was introduced reads as follows:  "(3) Biris in the manufacturing of which any process has been conducted with the aid of machines operated with or without the aid of power." By virtue of this amendment biris, in the manufacture of which machines have been used, are subject to excise duty at a certain rate. But the amendment has no bearing on the question of what is the proper interpretation to be given to the expression "tobacco" in the notification of the Government of Bihar, dated the 14th December, 1957. It was contended by the learned Government Pleader on behalf of the respondents that the policy of the legislation was only to give relief to dealers of those classes of tobacco upon w....