2005 (5) TMI 627

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....y N.K. SODHI C.J.-The short question that arises for consideration in this writ appeal is whether the penalty levied under section 12-B(4) of the Karnataka Sales Tax Act, 1957 (for short, "the Act") for the assessment year 1992-93 is liable to be waived in terms of Circular No. 3 of 1999-2000 issued by the Commissioner of Commercial Taxes. Facts which lie in a narrow compass may first be notice....

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....red that as a one-time relief measure the penalty levied under section 12-B(4) and 50 per cent of interest leviable under section 13(2) of the Act on tax relating to assessment years up to 1996-97 where final assessment had been communicated to the assessee and the assessee had not cleared the liability, would be waived if the arrears are paid before June 30, 1999. On the basis of this statement, ....

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....ime back, the claim for waiver of penalty was declined. The amount of penalty was then sought to be recovered from the Manager, Corporation Bank, Gadag, where respondent No. 1 had its accounts. It was this action of the department which came to be challenged in Writ Petition No. 50407 of 2003 which came up for hearing before a learned single Judge who by order dated December 12, 2003 allowed the s....

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....nsel very fairly concedes that the arrears of tax due from respondent No. 1 for the assessment year 1992-93 were paid prior to June 30, 1999 and that the penalty levied also pertained to the assessment year 1992-93. This being so we are clearly of the view that the claim of respondent No. 1 was covered by the circular issued by the Commissioner of Commercial Taxes which in turn was based on the bu....