IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MAY 2017 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO.52606 OF 2016 (T-RES) AND WRIT PETITION NOS.53009-53019 OF 2016 (T-RES) Between:
M/s A. B. Mauri India Private Limited A Company registered under The Companies Act, 1956 Having its Office at Plot No.218 & 219 Bammasandra Jigani Link Road Bengaluru – 560 105 Represented by its Manager-Finance Mr. Apoorv Verma S/o Mr. Ved Prakash Verma Aged about 35 years ... Petitioner (By Sri. Harish V.S., Advocate) And:
1. The Assistant Commissioner of Commercial Taxes (Audit)-4.6, DVO-4, Koramangala, Bengaluru – 560 047.
2. The Joint Commissioner of Commercial Taxes (Appeals)-2, TTMC ‘B’ Block, BMTC Building, Shanthi Nagar, Bengaluru – 560 027.
3. The State of Karnataka Department of Finance Vidhana Soudha Ambedkar Veedi Bengaluru – 560 001 Represented by its Principal Secretary ... Respondents (By Sri. Y.D.Harsha, AGA) These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order passed by the second respondent U/s. 62(6) of the KVAT Act, read with Sec.9 (2) of the CST Act, dated 28.07.2016, in CST AP No.36 to 47/14- 15, relevant to the tax period April 2006 to March 2007, i.e., Annexure ‘B’ and direct the second respondent to consider the statutory forms filed by the petitioner with the first respondent and pass an order of afresh in accordance with law, etc.
These writ petitions coming on for Preliminary Hearing this day, the court made the following:
ORDER Learned Additional Government Advocate is directed to take notice for respondents No.1 to 3.
2. Learned counsel appearing for the petitioner has filed a memo dated 25.05.2017, seeking permission to withdraw the writ petition with liberty to pursue/avail the benefit extended by the Government under the ‘Karnataka Samadhan Settlement’.
3. Said memo is placed on record.
4. The writ petitions are dismissed as withdrawn with Liberty to the petitioner to pursue/avail alternative remedy before the State Government in ‘Karnataka Samadhan Settlement Scheme’ and in accordance with law.
SD/- JUDGE KMV/NC*