Karnataka Court April 1996 Judgments
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Chamundi Hotels Pvt. Ltd. and anr. Vs. Appropriate Authority and ors.
Court: Karnataka
Decided on: Apr-02-1996
Reported in: ILR1996KAR2882; [1997]225ITR590(KAR); [1997]225ITR590(Karn); 1997(42)KarLJ18
ORDERG.C. Bharuka, J.1. This writ petition has been filed by the petitioners for quashing the order dt. 28th Oct., 1994 passed by the Appropriate Authority (Respondent No. 1) by which it has treated the statement filed in the prescribed Form No. 37-I as required under s. 269UC of the IT Act, 1961, as non est in law and has thereby refused to exercise its powers under Chapter XX-C either to purchase the property in question or to issue no objection certificate under s. 269UL(3) of the said Act. There is a further prayer of issuance of writ of mandamus directing the first respondent to issue the statutory no objection certificate forthwith. 2. The first petitioner is a private limited company registered under the provisions of the Companies Act, 1956. The second petitioner is one of its shareholders. According to the them the petitioner-company is the absolute owner of 45 acres of land with superstructures standing thereon being a part of the property, known as 'the Bangalore Palace Prop...
Mrf Limited Vs. Commissioner of Commercial Taxes and Another
Court: Karnataka
Decided on: Apr-02-1996
Reported in: [1997]105STC68(Kar)
G.C. Bharuka, J.1. The question involved in the present batch of writ petitions pertains to interpretation of section 6-D of the Karnataka Sales Tax Act, 1957 (in short, 'the Act') which was inserted by Karnataka Act 6 of 1995 providing for levy of cess on certain transactions of sale and/or purchase with effect from April 1, 1995. 2. Sub-section (1) of section 6-D which is relevant for the present purpose reads as under : '6-D. Levy of cess. - (1) In addition to the tax payable under section 5, 5B, 5C and 6, there shall be levied and collected by way of cess for the purpose of Bangalore Mass Rapid Transit System a tax, on sales or purchases effected by any dealer who is carrying on business within the limits of Bangalore City Planning Area, at the rate of five per cent of tax payable under the said sections : Provided that where a dealer is selling to any person goods specified in serial number 12 of Part 'M' of the Second Schedule within the limits of Bangalore City Planning Area, s...
Chamundi Hotels Pvt. Ltd. and anr. Vs. Appropriate Authority and ors.
Court: Karnataka
Decided on: Apr-02-1996
Reported in: (1997)139CTR(Kar)220
ORDERG. C. BHARUKA, J. :This writ petition has been filed by the petitioners for quashing the order dt. 28th Oct., 1994 passed by the Appropriate Authority (Respondent No. 1) by which it has treated the statement filed in the prescribed Form No. 37-I as required under s. 269UC of the IT Act, 1961, as non est in law and has thereby refused to exercise its powers under Chapter XX-C either to purchase the property in question or to issue no objection certificate under s. 269UL(3) of the said Act. There is a further prayer of issuance of writ of mandamus directing the first respondent to issue the statutory no objection certificate forthwith.2. The first petitioner is a private limited company registered under the provisions of the Companies Act, 1956. The second petitioner is one of its shareholders. According to the them the petitioner-company is the absolute owner of 45 acres of land with superstructures standing thereon being a part of the property, known as the Bangalore Palace Proper...
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