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TMI Blog2017 (9) TMI 1420X X X X Extracts X X X X X X X X Extracts X X X X ..... , JJ. Mr. Anil Kumar B., Adv. for Petitioner Mr.T.K.Vedamurthy, AGA for Respondents ORDER Learned counsel for respondents submits that the controversy involving in the present case is covered by this Court in W.P.Nos.13739-13740/2014 dated 12.07.2017 and he further submits that the impugned order in the present case is under Section 39 (2) of the KVAT Act, 2003 whereas the assessment orders in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase of M/s.Lava International Ltd., vs. State of Karnataka & Others in W.P.Nos.55790- 801/2016 decided on 10.11.2016, Writ Appeals were filed by the assessee, as also in other similar matters were taken before the Division Bench of this Court and the Division Bench of this Court while relegating the petitioner-assessee before the appellate forum, has observed that the appellate forum will not be i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eclose points to be considered in the appeal. 6. In our view, when the alternative forum is to be resorted to, all questions of law available to both the side should be kept open. Hence, the appellant is permitted to withdraw the appeals with a view to approach before the appellate authority. It is observed that if such appeals are preferred, the appellate authority would be at liberty to take in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Division Bench quoted above. The Appellate Forum or the Karnataka Appellate Tribunal is expected to decide the appeal expeditiously, preferably within a period of six months from today.
The interim order granted by the Tribunal itself shall continue till the disposal of the appeal by the said Tribunal."
3. Petitions are accordingly disposed of in same terms. No costs. X X X X Extracts X X X X X X X X Extracts X X X X
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