Act No. 04 of 1985
An act to raise additional fund for the execution of public welfare schemes, and with a view to implement the financial proposals of the state government for the financial year 1985-86, as also to amend the bihar finance act, 1981 (Bihar Act 5 of 1981) the bihar entertainment tax act, 1948 (bihar act 35, 1948), the bihar. electricity duty act, 1948 (bihar act 36, 1948) and Cess act, 1880 (bengal act 9, 1880).
(1) This Act may be called the Bihar Finance Act, 1985;
(2) It shall extend to the whole of the State of Bihar;
(3) It shall come into force on the 1st day of August, 1985 except the provisions of section 12, section 3-A of the Bihar Entertainment Tax Act, 1948 (Bihar Act 3 of 1948) as inserted by section 13, and section 14, which shall be deemed to have come into force with effect from the 12th day of March, 1985.
In the Bihar Finance Act, 1981; (Bihar Act 5, of 1981) (hereinafter in this Chapter to be referred to as the said Act) in sub-section (1) of section 6, after the figure "12" a comma and the figure "13" shall be inserted and shall be deemed always to have been inserted.
In sub-section (2) of section 9 of the said Act, after the words "within such areas" the words "or in respect of such transactions falling within an area" shall be inserted and shall be deemed always to have been inserted.
In sub-section (4) of section 11 of the said Act, the words "or for use by him in the packing of goods which he sells" shall be omitted.
In section 13 of the said Act,-
In the said Act in sub-section (9) of section 16,-
In the said Act in sub-section (1) of section 20, after the words "any proceeding" the words "or otherwise" shall be inserted.
In the said Act, in sub-section (1) of section 21,-
In the said Act, sub-section (5) of section 25-A shall be substituted as follows, namely :-
"(5) If any person contravenes any or all of the provisions of sub-sections (1), (3) and (4), the prescribed authority shall, after giving an opportunity of being heard, by an order in writing, direct that such person shall pay by way of penalty, a sum not exceeding twice the amount of tax deductible under sub-section (1)".
In the said Act, after sub-section (3) of section 60-A the following new sub-sections shall be added, namely:-
"(4) For the purposes of the Bihar Finance Act, 1981
Provided that the burden of proving that the aforesaid tax was not collected shall be on the person claiming the exemption under this clause.
"(5) Notwithstanding anything contained in any judgment, decree or order of any Court, Tribunal or any other authority, the transaction of assessment made at Calcutta office by the authorities appointed under section 9 of the said Act or under any other enactment before the said Act came into force, shall be deemed to have been validly done."
In the said Act in section 63, clause (a) of the proviso shall be substituted as follows and shall be deemed always to have been substituted:-
"(a) is exhibited within the show-window or show-case of a shop or building excluding an advertisement exhibited at any place of entertainment (sic) means of a Cinematograph through slides, trailers of film or films; or."
In the Bihar Entertainment Tax Act, 1948 (Bihar Act 35 of 1948) (hereinafter in this Chapter to be referred to as the said Act) in section 2 for clause (e) the following shall be substituted, namely:-
"(e) 'Entertainment Tax' includes tax levied under sections 3, 3A, 3B and 3C."
After section 3 of the said Act, the following new sections shall be inserted, namely:-
3A. Consolidated payment of tax
Notwithstanding anything contained in the Act, the State Government, by notification, may levy consolidated amount of tax not exceeding 45 per cent and not below 10 per cent of the gross collection capacity for every show and such amount of tax shall be paid by the proprietor of an entertainment to the State Government:
Provided that the State Government shall for the purpose of levy of consolidated amount of tax, classify places in categories for the fixation of such percentage and the rate of consolidated tax shall be uniform for a particular class of places. The State Government shall for the purpose of classification, take into account the type of place, its location, population, industrial growth and type of market.
Provided further that the consolidate tax payable under this section shall not be less than the highest amount of the tax for every show payable by the proprietor of an entertainment during any of the three preceding years under sub-section (1) or (5) of section 3 or under this section.
Explanation.-Gross collection capacity shall mean the total amount calculated for total seating capacity of the theatre which shall include the admission fees, tax calculated on the basis of rate notified under sub-section (1) of section 3 from time to time, surcharge or charge for any privilege, right, facility, service or thing combined with the right of admission to any entertainment.
3-B. Compounding of tax
3-C. Tax on Commercial Video Exhibition
Notwithstanding anything contained in the Act, in the case of commercial exhibition of films on Video specified in column 2 of the Table below, irrespective of whether the show is combined with any service or transport or supply of any goods for which a lump sum is charged from a person, there shall be levied and paid by the proprietor of such entertainment to the State Government, a tax at such rates not exceeding the rates specified in the corresponding entry in column 5 thereof, as the State Government may fix by a notification issued in this behalf:-
| 1 | 2 | 3 | Rs. per week |
|---|---|---|---|
| 1. | Video of up to 65 cm. screen. | ... | 2,000 |
| 2. | Video of above 65 cm, up to 100 cm. screen. | ... | 2,500 |
| 3. | Video of above 100 cm. screen. | ... | 3,500 |
3-D. Application of certain provisions
Where tax is levied under sections 3 A and 3 C, except expressly otherwise provided, the provisions of sub-sections (1) and (2) of section 3, and clause (ii) of section 5-A of the Act and where a proprietor is permitted to pay a fixed sum under sub-section (3) of section 3B, so long as a proprietor complies with all the terms and conditions specified in the permission, the provisions of sub-sections (1), (2), (5) and (6) of section 3, clauses (b) and (c) of sub-section (1) and sub-sections (2) and (3) of section 5, clauses (ii) and (iii) of section 5A and section 9B shall not apply:
Provided that no person other than a person who has some duty to perform in connection with the entertainment or a duty imposed upon him by or under this Act or any other law shall be admitted without a ticket. The ticket shall contain the name of the theatre, class to "which it is valid and the rate of admission and such ticket shall be serially numbered from 000001 to 100000 and repeated in like rotation.
3-E. Exemption of tax in certain cases
No tax shall be levied under sub-section (1) of section 5, section 3-A and section 3-B of the Act in respect of entertainments or films exempted 'under sub-section (2) of section 10 of the Act, if a proprietor sells tickets not above the rate of admission fee (excluding the amount of entertainment tax) approved by the State Government and in such case, a proprietor shall pay to the State Government only the tax levied under sub-section (2) of section 3 of the Act.
3-F. Forms for weekly return and application for permission and permission to pay compounded, tax
In the said Act in section 4 the following proviso shall be added; namely:-
"Provided that where tax is levied on any entertainment under Section 3A or 3B, the proprietor shall not be entitled to collect any amount exceeding the tax calculated at the rate notified under sub-section (1) of Section 3 as tax from the person admitted to the entertainment."
In Section 9 of the said Act:-
The proviso to section 9-B of the said Act shall be omitted
In the said Act in section 13-D the words, bracket and figure "under sub-section (1) of" shall be deleted.
In the said Act after section 21 a new section shall be inserted as follows; namely :-
"21-A Validation and exemption-
(1) The Bihar Entertainment Tax (Amendment) Ordinance, 1976 (Bihar Ordinance 21 or 1976), Bihar Entertainment Tax (Second Amendment) Ordinance, 1976 (Bihar Ordinance 103 of 1976), Bihar Entertainment Tax (Third Amendment) Ordinance, 1976 (Bihar Ordinance 152 of 1976). The Bihar Entertainment Tax (Amendment) Act 1976 (Bihar Act 3 of 1977). The Bihar Entertainment Tax (Amendment) Ordinance, 1985 (Bihar Ordinance 9, of 1985) and, The Bihar Entertainment Tax "(Amendment) Second Ordinance, 1985 (Bihar Ordinance, 18 of 1985) shall be deemed to have come into force from the dates of their respective promulgation and enactment and the rate of entertainment tax fixed by notification, S.O. 1540, dated the 1st December, 1975 issued under sub-section (1) of section 3 of Bihar Act 35 of 1948 shall, unless modified, superseded or cancelled, be deemed to hare continued.
(2) Notwithstanding any judgment, decree or order of any Court, Tribunal or Authority
In the said Act-
(2) The Bihar Entertainment Tax (Amendment) Second Ordinance 1985 (Bihar Ordinance, 18 of 1985) is hereby repealed.
(3) All rules, schemes, orders and appointments made, notifications, certificates, forms issued or actions taken and things done or purported to have been made, issued, taken or done for achievement of objects under the Ordinances and the Act mentioned in section 21-A shall be deemed to have been made, issued, taken or done under this Act, as if, this Act were, inforce on the relevant dates.
In the Bihar Electricity Duty Act, 1948 (Bihar Act, XXXVI of 1948) after section 3, the following new section shall be inserted; namely-
"3A. Surcharge
In section 6 of the Cess Act, 1880 (Bengal Act 9, 1880) hereinafter in this chapter referred to as the said Act).-
In the said Act after section 6 the following new section shall be inserted; namely:-
"6-A. The provisions of section 6 shall extend to the whole of Bihar including the areas falling within the jurisdiction of all Municipalities, Corporations, Notified Area Committees and the cantonment Boards."
(1) The Bihar Cess (Amendment) Ordinance, 1985 (Bihar Ordinance No. 24, 1985) is hereby repeated;
(2) Notwithstanding such repeal anything done or any action taken in exercise of the powers by on under the said Ordinance, shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act, as if this Act were in force on the day on which such thing or action was done on taken.