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2016 (7) TMI 427 - KARNATAKA HIGH COURT

2016 (7) TMI 427 - 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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HNA JJ. Appellant: (By Sri.R.L. Ramani, Sr.Advocate for Sri.N. Manohar, Advocate) Respondents: (By Sri.Veda Murthy, AGA J U D G M E N T As similar matters, being W.A.Nos.1615-1626/15 are already disposed of by us in the first sitting, upon the request of learned counsel appearing on both sides, we had called for the papers of the present matters. Further as it was requested that the present appeals also stand covered by the said decision he .....

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on order passed by the learned single Judge dated 15/4/2015 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. 3. We may record that the learned single Judge has declined to enterain the petition on the ground that the assessment orders are appealable before the Appellate Authority under KVAT Act and hence, after making observations, with a liberty to challenge the .....

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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 petition was filed being W.P.Nos.45259/2014 & 45338- 348/2014, but the same were also not entertained by the learned single Judge vide order dated 15/4/2015 against which a separate Writ Appeal No.1639/2015 is filed. 5. Learned senior counsel s .....

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ge 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 is preferred after the order of the learned single Judge or not, learned counsel fairly conceded that the statutory appeal has been preferred and the appeal is pending before the appellate authority under KVAT Act. 7. As such, if th .....

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