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M/s BE Billimoria & Co. Ltd. Versus State of Karnataka

Maintainability of writ petitions - Assessment order raising a demand - S.39(2) of the Karnataka VAT Act, 2003 - Availability of an alternate remedy under S. 62 of the Act - Reassessment has been done after refusing the input tax credit to the assessee in respect of the goods purchased by him by the local registered dealers on which the assessee wrongly availed input tax credit as they are 'consumables' - Held that:- in view of the availability of an alternate remedy by way of an appeal against .....

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d under the Act providing the assessee, the remedy of appeal. The writ petitions are, therefore, not entertained under Art.226 of the Constitution of India. - Writ petitions dismissed - Writ Petitions 58285 - 296 / 2015 (T) - Dated:- 27-4-2016 - Dr. Vineet Kothari, J. For the Petitioner : Sri M Thirumalesh, Adv. For the Respondent : Sri T K Vedamurthy, AGA ORDER This writ petition is directed against the assessment order Annexure B dated 12.2.2015 passed under S.39(2) of the Karnataka VAT Act, 2 .....

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of the disputed demand of ₹ 1,88,89,718/- raised under the order impugned. 3. Learned counsel for the petitioner submits today that for depositing 30% of the disputed demand, he has filed a memo submitting therein that there are certain refunds due to the petitioner and adjusting that amount against the outstanding demand under the impugned order, appropriate directions may be given in the case. He has also relied upon the following judgments in support of his contention that the reassess .....

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