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BIHAR VALUE ADDED TAX Act, 2005
CHAPTER XV : MISCELLANEOUS

91. Agreements to defeat intention and application of this Act to be void:-

(1) If the Commissioner is satisfied that an agreement has been entered into between two or more persons or dealers to

Defeat the application or purposes of this Act or any provision of this Act, then, the Commissioner may, by order, declare the agreement to be null and void as regards the application and purposes of this Act and he may, by the said order, provide for increase or decrease in the amount of tax payable by any person or dealer who is affected by the agreement, whether or not such dealer or person is a party to the agreement, in such manner as the Commissioner considers appropriate so as to counter act any tax advantage obtained by that dealer from or under the agreement.

(2) For the purposes of this section-

(i) "agreement" includes any contract, agreement, plan or understanding whether enforceable in law or not, and all steps and tranasactins by which the agreement is sought to be carried into effect;

(ii) "tax advantage" includes-

    (a) any reduction in the liability of any dealer to pay tax; or

    (b) an increase in the entitlement of any dealer to claim input tax credit or refund; or

    (c) any reduction in the sale price or purchase price receivable or payable by any dealer.