TaxTMI 
TaxTMI 
2014 (3) TMI 781
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....d 12.10.2006. The notification grants benefit of Central Sales Tax, which is required to be charged at the rate of 1 per cent instead of 4%. The basis for looking for such benefit or concession is the provision contained in sub- clause (xiii) of Clause 2 of the Industrial Incentive Policy of the State of Bihar, notified in the year 2006. At the outset, the Court has no difficulty in affirming and holding that the Industrial Incentive Policy notified by the State of Bihar has statutory value as has been held by the Hon'ble Apex Court, years ago. The promise made in the Industrial Policy by way of concession to industrial units is binding and obligatory upon the State authorities across the board, who are involved in extending benefits or co....
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....ly on 12.10.2006, meaning thereby that prior to the said notification even though the promise was made in the Industrial Policy to grant benefit of concession of CST by reducing it from 4 per cent to 1 per cent, the actual benefit proved to be illusive till the notification by the Commercial Taxes Department came into place on 12.10.2006. Obviously, the benefit, which was promised under the Industrial Policy, remained illusive till 12.10.2006 despite giving a window of hope to the petitioner to look for the benefit or concession of CST which though arose from the date of applicability of the Industrial policy but would only accrue from 11.10.2006, which has become the period of dispute. According to the petitioner, there should be assessme....
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....t the rate of 4 per cent, his revised return with Form C showing that he had collected only 1 per cent is not acceptable on the face value. The findings being what they are by the assessing authority, which has not been established to be otherwise in the writ application, the Court will, therefore, tilt against the petitioner in favour of the State by holding that the benefit of the Industrial Policy in the given facts to assess the petitioner on the basis of 1 per cent of Central Sales Tax would be an unfair prayer to make. Learned Additional Advocate General seems to be correct in taking a stand that there would be no occasion for any seller of goods to collect tax at any other rate contrary to the prevalent notified rate which is in pla....