IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.63792/2016 (GM – KEB) C/w.
WRIT PETITION No.15889/2013 (GM – TEN) IN WRIT PETITION No.63792/2016:
BETWEEN:
EMCO LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT N-104, MIDC AREA JALGAON-425003 REP. HEREIN BY ITS AUTHORISED SIGNATORY Mr. GANESH TAWARI. …PETITIONER (BY SRI GANESH TAWARI – ABSENT) AND:
1. KARNATAKA POWER TRANSMISSION CORPORATION LTD., “KAUVERY BHAVAN”, 3RD FLOOR DISTRICT OFFICE ROAD POST BOX No.9990 BANGALORE-560009 REP. BY CHIEF ENGINEER TENDERING AND PROCUREMENT.
2. COMMERCIAL TAXES DEPARTMENT GOVERNMENT OF KARNATAKA VANIJYA THERIGE KARYALAYA-1 KALIDASA ROAD, GANDHINAGAR 1ST MAIN, BANGALORE-560009 THROUGH ITS COMMISSIONER Mr. YOGENDRA TRIPATI.
[CAUSE TITLE AMENDED AS PER ORDER DATED 11.09.2017]. …RESPONDENTS (BY SRI SRIRANGA.S., ADV. FOR R-1; SRI T.K.VEDAMURTHY, AGA. FOR R-2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT TO FORTHWITH REFUND AN AMOUNT OF RS.91,36,315 [RUPEES NINETY ONE LAKHS THIRTY SIX THOUSAND THREE H UNDRED AND FIFTEEN ONLY] DEDUCTED AS SPECIAL ENTRY TAX FROM THE BILLS SUBMITTED BY THE PETITIONER UNDER THE CONTRACT FOR VAJRAMATTI TO TOGETHER WITH INTEREST AT THE RATE OF 18% PER ANNUM; AND ETC., IN WRIT PETITION No.15889/2013:
BETWEEN:
EMCO LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT N-104, MIDC AREA JALGAON-425003 REP. HEREIN BY ITS AUTHORISED SIGNATORY Mr. PRAVEEN KUMAR. …PETITIONER (BY SRI PRAVEEN KUMAR – ABSENT) AND:
1. KARNATAKA POWER TRANSMISSION CORPORATION LTD., “KAUVERY BHAVAN”, 3RD FLOOR DISTRICT OFFICE ROAD POST BOX No.9990 BANGALORE-560009 REP. BY CHIEF ENGINEER [TENDERING AND PROCUREMENT].
2. COMMISSIONER OF COMMERCIAL TAXE GANDHINAGAR, BANGALORE [CAUSE TITLE AMENDED AS PER ORDER DATED 02.07.2014]. …RESPONDENTS (BY SRI SRIRANGA.S., ADV. FOR R-1; SRI T.K.VEDAMURTHY, AGA. FOR R-2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS OF THE CASE AND AFTER GOING INTO THE LEGALITY, VALIDITY AND PROPRIETY OF THE SAME, QUASH AND SET ASIDE THE IMPUGNED CIRCULARS DATED 17.07.2007 AND 28.07.2011 [EXHIBITS ‘K’ AND ‘R’ HERETO] AND THE IMPUGNED LETTER DATED 05.12.2008 [EXHIBIT ‘N’ HERETO] ISSUED BY THE RESPONDENT THEREBY SEEKIG DEDUCTION OF SPECIAL ENTRY TAX ON GOODS SUPPLIED BY SUPPLIERS; AND ETC., THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R None appears for the petitioner.
It appears that the petitioner is not serious in prosecuting the matters.
Writ petitions stand dismissed for non- prosecution.
Sd/- JUDGE NC.