IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R. DEVDAS SALES TAX REVISION PETITION Nos.300 OF 2017 & 82-104 OF 2019 BETWEEN:
M/S.DISHA RETAIL FIXTURES (P) LTD., REPRESENTED BY ITS DIRECTOR SRI.A.SRIDHAR AGED ABOUT 49 YEARS NO.299, 300 AND 301 BOMMASANDRA - JIGANI LINK ROAD JIGANI, BENGALURU – 562 106 ... PETITIONER (BY SRI.R.VENKATESH PRASAD, ADV.) AND:
THE STATE OF KARNATAKA REPRESENTED THROUGH THE COMMISSIONER OF COMMERCIAL TAXES IN KARNATAKA VANIJYA THERIGE BHAVAN IST MAIN ROAD, GANDHINAGAR BENGALURU – 560 009 ... RESPONDENT THESE STRP’S ARE FILED UNDER SECTION 65(1) OF THE KARNATAKA VALUE ADDED TAX ACT, 2003, PRAYING TO ALLOW THE PETITIONER’S REVISION PETITION BY SETTING ASIDE THE ORDER DATED 31.01.2017 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL IN STA NOS.513 TO 525/2010 AND FURTHER SET ASIDE THE DIRECTIONS ISSUED TO THE PRESCRIBED AUTHORITY TO PASS SUCH ORDERS OF PENALTY UNDER SECTION 70(2) OF THE ACT IN TERMS OF THE OBSERVATIONS MADE THEREIN, WHICH OBSERVATIONS OPINES THAT A FRESH JURISDICTIONAL ORDER BE OBTAINED FROM THE COMMISSIONER OF COMMERCIAL TAXES IN KARNATAKA, IN CROSS APPEAL NOS.STA.1803 TO 1813/2014 AND UNDER THE PROVISIONS OF THE ACT, PERTAINING TO THE ASSESSMENT PERIODS IN QUESTION i.e. JULY 2005, MARCH 2006, DECEMBER 2006, JANUARY 2007 TO MAY 2007, JULY TO SEPTEMBER 2007, NOVEMBER 2007 AND MARCH 2008 (2005-
06, 2006-07, 2007-08) IN THE INTEREST OF JUSTICE.
THESE STRP’S COMING ON FOR ORDERS, THIS DAY, NARAYANA SWAMY J., MADE THE FOLLOWING:
O R D E R The learned counsel for the petitioner files a memo seeking to withdraw the petitions. Memo is taken on record. Petitions accordingly stands dismissed as withdrawn.
Sd/- JUDGE lnn Sd/- JUDGE