TMI Blog2011 (6) TMI 697X X X X Extracts X X X X X X X X Extracts X X X X ..... per. The assessee has been granted the appropriate relief in terms of the notifications. We do not see any error committed by the authorities that calls for interference. Appeal dismissed. - S.T.R.P. No. 48 of 2009 - - - Dated:- 26-6-2011 - SABHAHIT V.G. AND RAVI MALIMATH, JJ. For the Appellant : Smt. H. Vani For the Respondent : Smt. Sujatha, Additional Government Advocate, ORDER:- The order of the court was made by RAVI MALIMATH J. This appeal is by the assessee being aggrieved by the order dated May 28, 2009 passed by the Karnataka Appellate Tribunal in S.T.A. Nos. 461 to 463 of 2006 dismissing the appeal. 2. The assessee is a partnership concern, engaged in the manufacture of craft papers. The appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ars 2001-02 under the KST Act and S.T.A. No. 462 of 2006 relating to the year 2002-03 under the KST Act and S.T.A. No. 463 of 2006 relating to 2002-03 under the CST Act. 3. The Tribunal by its order dated May 28, 2009 dismissed the appeal holding that the average tax liability quantified by the assessing authority in all these appeals is in order and does not require any interference. Aggrieved by the same, the present appeal is filed. 4. Miss. Vani, the learned counsel appearing for the assessee, contends that the impugned order passed by the Tribunal and the lower authorities are bad in law and liable to be set aside. She contends that the Tribunal has misdirected itself in considering the provisions of the notification dated Februa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al tax liability under the KST and CST for the years 1994-95, 1995-96 and 1996-97 is sum of ₹ 29,29,214. The average of three years being ₹ 9,76,404, hence by deducting this figure from the total tax liability namely, ₹ 16,81,872.20, the assessee was eligible for tax exemption of ₹ 7,05,468 for the assessment year 2001-02, both under the KST and CST Act. Accordingly, the same methodology was adopted so far as 2002-03 is concerned. In terms of the notification dated October 11, 1995 the tax liability eligible for exemption shall be the difference between the total tax liability and the average total tax liability of the three years immediately preceding the year in which the expansion/modernization has taken place. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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