W.A.NO.8"/'G/2009
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 27TH DAY OF AUGUST 2009 .._' L
PRESENT
TI-IE HON'BLE MR. JUSTICE V. GQPALA c;_*c5W'DA;V.
AND
THE I-IONBLE Dr. JUSTICE K,
WRIT APPEAL No.S70/2069. I I f%
BETWEEN :
M/S.WireS & Cables (India),
No.1, 11 Cross,
M.T.Street,
B.V.K.Iyengar Road-,"' 5:». " A
Bangal0re--56O O53, 5
By its P1"OpI'i€tG1"'.'"'--v __ '
S.BhawariaI.
.. APPELLANT
{By Sri.S.V.SubfamaDya,V.£XdAi.~)
AND:
1.
of Kérnataka.
Rep. » by its Fina11gé’*–Sccretary,
Vid13,aiig;,S6u_ti£Ta’, V _
Finance’ DTepa1’trner1jt,’
‘BangaIor¢-56VO. ;
‘;gLo_ca1 VAT C-ffieer.
_ ._L.V.Q-*O:’I’Q, ”
‘ T.Katyai’;1ya.
‘ ~ . V_ GaT1dhifiagar.
f’BaT1gal%:>re–56O O09,
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W.A.No. 870/2009
By the Assistant Commissioner
of Commercial Tax. …RESPONDE1$li”S
(By Smt.Asha M.Kumbaragerimath, HCGP)
This writ appeal is filed under Section 4 of
High Court Act praying to set aside the order. passed inwiize ‘Writ
Petition N0.10862/2008 dt.9.2.2009.
This writ appeal coming on for pre1imina_r§*hearin.g:,this
GOPALA GOWDA, J ., delivered the folloiafingz»
JUDGMENT”>.._ ‘ M
The correctness of the order ‘dated_ 2009 passed
by the learned single Judge l*Jo;lfuJ862/ 2008 [T-
RE5) is quesfiongq. various grounds and
prayed to set aside__ the reliefs as prayed in the
writ petition.
__2. ‘l’he._§ground of -attack of the impugned order is that the
learned J1u:dg.e;’«–eVontra,I’y to law and the material on record,
has paslsed”lthe holding that there is no need for clarification
State”‘Gov:ernrrient in exercise of its power under Section 90
fliliamatakva’ K/aide Added Tax Act (in short ‘the KVAT Act’) is
legai’;anciA”tva1id. Further, the order passed is not tested from
. fpthle point of Article 14 of the Constitution of India. Therefore,
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W.A.No.870/2009
6. Therefore, the same does not call for interference. The
appeal is devoid of merit. The same is liable to be dismissed.
Accordingly, it is dismissed.
Govt. Advocate is permitted to tile memo ofléippeegreilifaee
Within two weeks from today.
‘ of; R:
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