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2014 (4) TMI 918 - KARNATAKA HIGH COURTWhether the impugned judgment pertaining to the exemption under the KST Act even after holding that the amount collected by the petitioner from its customers as deposit in the case does not amount to collection of tax' is sustainable in law – Validity of judgment – Withdrawal of Exemption Scheme - Sale of All Steel Radial Tyres for heavy vehicles (Trucks & Buses) - Collection of tax – Held that:- There was no question of assessee collecting tax from the customers between 01.01.2000 and 08.10.2000 as deposit - Since during this period in view of withdrawal of the exemption vide Notification dated 01.01.2000, the customers were liable to pay tax and it was rightly collected by the petitioner and deposited with the Department - That appears to be the reason why in the Government Order dated 25.10.2000 it is stated that eligibility for exemption from payment of tax would be available if the tax is "not collected" on sale of All Steel Radial Tyres for heavy vehicles (Trucks & Buses) - Admittedly, in this case, the tax was collected by assessee and it was deposited with the Department and therefore, they cannot seek any benefit whatsoever of the Government Order dated 25.10.2000 - The authorities below have considered and appreciated the contentions urged on behalf of the petitioner in proper perspective and this Court do not find any reason to interfere with the same – Decided against Assessee.
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