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2016 (7) TMI 425 - KARNATAKA HIGH COURT

2016 (7) TMI 425 - KARNATAKA HIGH COURT - TMI - Constitutional validity of Rule - Maintainability of writ petition - KVAT - single Judge has declined to enterain the petition on the ground that the assessment orders are appealable before the Appellate Authority under KVAT Act - When a query was raised to the learned senior counsel for the appellant as to whether any appeal under the KVAT Act is preferred after the order of the learned single Judge or not, learned counsel fairly conceded that the .....

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.NAGARATHNA JJ. APPELLANT: (BY SRI: R.L. RAMANI, SENIOR ADVOCATE FOR SRI. N. MANOHAR, ADVOCATE) RESPONDENTS: (BY SRI: T.K. VEDAMURTHY, ADDL. GOVT. ADVOCATE) O R D E R All the appeals are directed against the common order passed by the learned single Judge dated 15/4/20 15 in the respective writ petitions, whereby the learned single Judge has dismissed the petition 2. We have heard the learned counsel appearing for the appellant. .....

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e of having been brought to the notice of the Assessing Officer that special leave petitions are pending against the order of this court in STA.Nos.120/2012 and 1-10/2013, instead of keeping the assessment proceedings in abeyance, the Assessing Officer has proceeded further and has finalized the assessment order. It is submitted that the learned single Judge ought to have entertained the writ petition. Learned counsel further submitted that challenging the validity of the rule, separate writ pet .....

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e of liability and therefore, the validity of the rule was challenge by a separate proceeding. He submitted that in the present matters, assessment orders were challenged on the premise that the rule may not operate against the appellant. Learned single Judge ought not to have relegated the appellant to the statutory remedy of appeal. Hence, this court may interfere. 6. When a query was raised to the learned senior counsel for the appellant as to whether any appeal under the KVAT Act .....

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