Court : Karnataka
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE22D DAY OF JANUARY, 2024 PRESENT THE HONBLE MR.JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE RAJESH RAI K WRIT APPEAL NO.830 OF2022(T-IT) CONNECTED WITH WRIT APPEAL NO.831 OF2022(T-IT) WRIT APPEAL NO.832 OF2022(T-IT) WRIT APPEAL NO.833 OF2022(T-IT) WRIT APPEAL NO.834 OF2022(T-IT) IN W.A.NO.830/2022 BETWEEN:1. THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1(4), CENTRAL REVENUE BUILDING QUEENS ROAD BENGALURU 560 001.2. THE COMMISSIONER OF INCOME TAX (APPEALS)-11 ROOM No.322, 3RD FLOOR CENTRAL REVENUE BUILDING QUEENS ROAD BENGALURU 560 001. ...APPELLANTS (BY SRI. BALBIR SINGH THE THEN ASG; SRI. Y V RAVIRAJ - ADVOCATE) 2 AND: SUNIL KUMAR SHARMA S/O SRI D P SHARMA AGED ABOUT45YEARS NO.328, TIPPU SULTHAN PALACE ROAD KALASIPALYAM BENGALURU 560 002. ...RESPONDENT (BY SRI KIRAN S JAVALI SR. COUNSEL FOR SRI. SREEHARI KUTSA ADVOCATE FOR C/RESPONDENT) THIS WRIT APPEAL FILED UNDER SECTION4OF THE HIGH COURT ACT, 1961, PRAYING TO SE...
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1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE22D DAY OF JANUARY, 2024 PRESENT THE HONBLE MR.JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE RAJESH RAI K WRIT APPEAL NO.830 OF2022(T-IT) CONNECTED WITH WRIT APPEAL NO.831 OF2022(T-IT) WRIT APPEAL NO.832 OF2022(T-IT) WRIT APPEAL NO.833 OF2022(T-IT) WRIT APPEAL NO.834 OF2022(T-IT) IN W.A.NO.830/2022 BETWEEN:1. THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1(4), CENTRAL REVENUE BUILDING QUEENS ROAD BENGALURU 560 001.2. THE COMMISSIONER OF INCOME TAX (APPEALS)-11 ROOM No.322, 3RD FLOOR CENTRAL REVENUE BUILDING QUEENS ROAD BENGALURU 560 001. ...APPELLANTS (BY SRI. BALBIR SINGH THE THEN ASG; SRI. Y V RAVIRAJ - ADVOCATE) 2 AND: SUNIL KUMAR SHARMA S/O SRI D P SHARMA AGED ABOUT45YEARS NO.328, TIPPU SULTHAN PALACE ROAD KALASIPALYAM BENGALURU 560 002. ...RESPONDENT (BY SRI KIRAN S JAVALI SR. COUNSEL FOR SRI. SREEHARI KUTSA ADVOCATE FOR C/RESPONDENT) THIS WRIT APPEAL FILED UNDER SECTION4OF THE HIGH COURT ACT, 1961, PRAYING TO SE...
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1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE22D DAY OF JANUARY, 2024 PRESENT THE HONBLE MR.JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE RAJESH RAI K WRIT APPEAL NO.830 OF2022(T-IT) CONNECTED WITH WRIT APPEAL NO.831 OF2022(T-IT) WRIT APPEAL NO.832 OF2022(T-IT) WRIT APPEAL NO.833 OF2022(T-IT) WRIT APPEAL NO.834 OF2022(T-IT) IN W.A.NO.830/2022 BETWEEN:1. THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1(4), CENTRAL REVENUE BUILDING QUEENS ROAD BENGALURU 560 001.2. THE COMMISSIONER OF INCOME TAX (APPEALS)-11 ROOM No.322, 3RD FLOOR CENTRAL REVENUE BUILDING QUEENS ROAD BENGALURU 560 001. ...APPELLANTS (BY SRI. BALBIR SINGH THE THEN ASG; SRI. Y V RAVIRAJ - ADVOCATE) 2 AND: SUNIL KUMAR SHARMA S/O SRI D P SHARMA AGED ABOUT45YEARS NO.328, TIPPU SULTHAN PALACE ROAD KALASIPALYAM BENGALURU 560 002. ...RESPONDENT (BY SRI KIRAN S JAVALI SR. COUNSEL FOR SRI. SREEHARI KUTSA ADVOCATE FOR C/RESPONDENT) THIS WRIT APPEAL FILED UNDER SECTION4OF THE HIGH COURT ACT, 1961, PRAYING TO SE...
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R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE16H DAY OF OCTOBER, 2021 PRESENT THE HON'BLE MR. JUSTICE B. VEERAPPA AND THE HONBLE MR. JUSTICE N.S.SANJAY GOWDA WRIT PETITION No.51012/2019 (GM-RES) C/W WRIT PETITION Nos.52575/2019, 15828/2021, 16081/2021, 16088/2021 (GM-RES) IN WP510122019: BETWEEN: SRI BASAVARAJ SHIVAPPA MUTTAGI, S/O SHIVAPPA MUTTAGI, AGED ABOUT37YEARS, R/O MANAGUNDI VILLAGE, DHARWAD TALUK, DHARWAD DIST.-. 580 001. ...PETITIONER (BY SRI SRIKANTH PATIL, ADVOCATE (PHYSICAL HEARING)) AND:1. . STATE OF KARNATAKA, THROUGH ADDL. CHIEF SECRETARY, 2 HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2 . CENTRAL BUREAU OF INVESTIGATION, ANTI CORRUPTION BRANCH, NO.36, BELLARY ROAD, GANGANAGAR, BANGALORE - 560 032. RESPONDENTS (BY SRI PRABHULING K NAVADGI, ADVOCATE GENERAL ALONGWITH SRI H.R. SHOWRI, HCGP FOR R1 (PHYSICAL HEARING) SRI S.V. RAJU, ADDITIONAL SOLICITOR GENERAL OF INDIA ALONGWITH SRI P. PRASANNA KUMAR, ADVOCATE FOR R2; (VIDEO CONFERENCING) SRI VIVEK S ...
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R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE16H DAY OF OCTOBER, 2021 PRESENT THE HON'BLE MR. JUSTICE B. VEERAPPA AND THE HONBLE MR. JUSTICE N.S.SANJAY GOWDA WRIT PETITION No.51012/2019 (GM-RES) C/W WRIT PETITION Nos.52575/2019, 15828/2021, 16081/2021, 16088/2021 (GM-RES) IN WP510122019: BETWEEN: SRI BASAVARAJ SHIVAPPA MUTTAGI, S/O SHIVAPPA MUTTAGI, AGED ABOUT37YEARS, R/O MANAGUNDI VILLAGE, DHARWAD TALUK, DHARWAD DIST.-. 580 001. ...PETITIONER (BY SRI SRIKANTH PATIL, ADVOCATE (PHYSICAL HEARING)) AND:1. . STATE OF KARNATAKA, THROUGH ADDL. CHIEF SECRETARY, 2 HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2 . CENTRAL BUREAU OF INVESTIGATION, ANTI CORRUPTION BRANCH, NO.36, BELLARY ROAD, GANGANAGAR, BANGALORE - 560 032. RESPONDENTS (BY SRI PRABHULING K NAVADGI, ADVOCATE GENERAL ALONGWITH SRI H.R. SHOWRI, HCGP FOR R1 (PHYSICAL HEARING) SRI S.V. RAJU, ADDITIONAL SOLICITOR GENERAL OF INDIA ALONGWITH SRI P. PRASANNA KUMAR, ADVOCATE FOR R2; (VIDEO CONFERENCING) SRI VIVEK S ...
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R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE16H DAY OF OCTOBER, 2021 PRESENT THE HON'BLE MR. JUSTICE B. VEERAPPA AND THE HONBLE MR. JUSTICE N.S.SANJAY GOWDA WRIT PETITION No.51012/2019 (GM-RES) C/W WRIT PETITION Nos.52575/2019, 15828/2021, 16081/2021, 16088/2021 (GM-RES) IN WP510122019: BETWEEN: SRI BASAVARAJ SHIVAPPA MUTTAGI, S/O SHIVAPPA MUTTAGI, AGED ABOUT37YEARS, R/O MANAGUNDI VILLAGE, DHARWAD TALUK, DHARWAD DIST.-. 580 001. ...PETITIONER (BY SRI SRIKANTH PATIL, ADVOCATE (PHYSICAL HEARING)) AND:1. . STATE OF KARNATAKA, THROUGH ADDL. CHIEF SECRETARY, 2 HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2 . CENTRAL BUREAU OF INVESTIGATION, ANTI CORRUPTION BRANCH, NO.36, BELLARY ROAD, GANGANAGAR, BANGALORE - 560 032. RESPONDENTS (BY SRI PRABHULING K NAVADGI, ADVOCATE GENERAL ALONGWITH SRI H.R. SHOWRI, HCGP FOR R1 (PHYSICAL HEARING) SRI S.V. RAJU, ADDITIONAL SOLICITOR GENERAL OF INDIA ALONGWITH SRI P. PRASANNA KUMAR, ADVOCATE FOR R2; (VIDEO CONFERENCING) SRI VIVEK S ...
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R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE16H DAY OF OCTOBER, 2021 PRESENT THE HON'BLE MR. JUSTICE B. VEERAPPA AND THE HONBLE MR. JUSTICE N.S.SANJAY GOWDA WRIT PETITION No.51012/2019 (GM-RES) C/W WRIT PETITION Nos.52575/2019, 15828/2021, 16081/2021, 16088/2021 (GM-RES) IN WP510122019: BETWEEN: SRI BASAVARAJ SHIVAPPA MUTTAGI, S/O SHIVAPPA MUTTAGI, AGED ABOUT37YEARS, R/O MANAGUNDI VILLAGE, DHARWAD TALUK, DHARWAD DIST.-. 580 001. ...PETITIONER (BY SRI SRIKANTH PATIL, ADVOCATE (PHYSICAL HEARING)) AND:1. . STATE OF KARNATAKA, THROUGH ADDL. CHIEF SECRETARY, 2 HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2 . CENTRAL BUREAU OF INVESTIGATION, ANTI CORRUPTION BRANCH, NO.36, BELLARY ROAD, GANGANAGAR, BANGALORE - 560 032. RESPONDENTS (BY SRI PRABHULING K NAVADGI, ADVOCATE GENERAL ALONGWITH SRI H.R. SHOWRI, HCGP FOR R1 (PHYSICAL HEARING) SRI S.V. RAJU, ADDITIONAL SOLICITOR GENERAL OF INDIA ALONGWITH SRI P. PRASANNA KUMAR, ADVOCATE FOR R2; (VIDEO CONFERENCING) SRI VIVEK S ...
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R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE16H DAY OF OCTOBER, 2021 PRESENT THE HON'BLE MR. JUSTICE B. VEERAPPA AND THE HONBLE MR. JUSTICE N.S.SANJAY GOWDA WRIT PETITION No.51012/2019 (GM-RES) C/W WRIT PETITION Nos.52575/2019, 15828/2021, 16081/2021, 16088/2021 (GM-RES) IN WP510122019: BETWEEN: SRI BASAVARAJ SHIVAPPA MUTTAGI, S/O SHIVAPPA MUTTAGI, AGED ABOUT37YEARS, R/O MANAGUNDI VILLAGE, DHARWAD TALUK, DHARWAD DIST.-. 580 001. ...PETITIONER (BY SRI SRIKANTH PATIL, ADVOCATE (PHYSICAL HEARING)) AND:1. . STATE OF KARNATAKA, THROUGH ADDL. CHIEF SECRETARY, 2 HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2 . CENTRAL BUREAU OF INVESTIGATION, ANTI CORRUPTION BRANCH, NO.36, BELLARY ROAD, GANGANAGAR, BANGALORE - 560 032. RESPONDENTS (BY SRI PRABHULING K NAVADGI, ADVOCATE GENERAL ALONGWITH SRI H.R. SHOWRI, HCGP FOR R1 (PHYSICAL HEARING) SRI S.V. RAJU, ADDITIONAL SOLICITOR GENERAL OF INDIA ALONGWITH SRI P. PRASANNA KUMAR, ADVOCATE FOR R2; (VIDEO CONFERENCING) SRI VIVEK S ...
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(Prayer: These Writ Appeals filed under Section 4 of the Karnataka High Court Act praying to set aside the order passed in the Writ Petition No.21876-87/2010 dated 07.01.2011.) 1. In all these appeals, the question raised relates to the competence of the State to levy Sales Tax/VAT on telecommunication service, interpretation of constitutional and statutory provisions and upholding the rule of law. Therefore, they are taken up for consideration together and disposed off by this common order. 2. For the purpose of clarity, the facts pleaded by appellants/petitioners in each of these cases are set out in brief. FACTUAL MATRIX W.A.Nos.654/2011, 817-828/2011, 789/2011, 790/2011, 805-816/2011, 792-803/2011, 791/2011 and 829-840/2011. 3. The appellant in all these appeals – M/s. Bharath Sanchar Nigam Limited (for short herein after referred to as the ‘BSNL’) is wholly owned Government of India undertaking providing all types of telecom services in the country except the met...
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(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 7.72009 passed by the 2nd respondent Tahsilder, Virajpet, produced at Annexure A and etc.,) (Prayer: Misc.W. No. 10592/10 is filed under Articles 226 and 227 of the Constitution of India r/w under Articles 226 and 227 of the Constitution of India r/w Section 151 of the code of Civil Procedure for dismissal of Writ Petition. (Prayer: Misc.W. No. 843/11 is filed under Section 151 of the Code of Civil Procedure r/w Articles 226 and 227 of the Constitution of India for direction.) 1. Writ jurisdiction has become a fertile area for frivolous, petty, undeserving matters to be brought and parked in the High Court which is nothing short of a gross misuse and abuse of the process of this Court. 2. The present writ petition does not project any different scenario. A dispute and tussle going on between the petitioner and the first respondent who are cousins and are war...
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