2010 (7) TMI 895

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....i K.M. Shivayogiswamy, the learned Government Pleader is directed to take notice for the respondent. The petitioner has raised the challenge to the notices issued to the Branch Manager, HDFC Bank and to the Army Welfare Housing Organisation, Bangalore (annexures A and B), respectively, under section 45 of the Karnataka Value Added Tax Act, 2003 ("the VAT Act" for short). Sri Chythanya, the l....

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....K.M. Shivayogiswamy, the learned Government Pleader appearing on behalf of the respondent, submits that under section 39(1)(b) of the VAT Act, the assessee is liable to pay the amount demanded towards the reassessment within ten days. The respondent is not required to wait till the expiry of the period prescribed for filing the appeal, so contends Sri Shivayogiswamy. In the course of the rejoin....

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....elfare Housing Organisation be de-frozen for the limited period of taking the amount from them for depositing the same with the appellate authority. Sri Shivayogiswamy, on instructions, submits that the HDFC Bank has already sent a sum of Rs. 14,59,000 to the respondent. He brings to my notice that the petitioner's liability under the reassessment order aggregates to about Rs. 81,00,000. He submit....

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....s before the appellate authority. In the light of these submissions, this court forms the considered view that the ends of justice would be met by directing the appellate authority to dispose of the petitioner's I. A. for stay in the anticipated appeal on the same day on which they are filed, provided, the petitioner deposits the remaining Rs. 25,91,000 (rupees twenty five lakhs ninety one thou....