2015 (7) TMI 629

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...., for the periods 2010-11, 2011-12 respectively (Annexure-F and G). Petitioner has also assailed Circular No.12/2009-10 dated 7.12.2009 issued by the second respondent/Commissioner of Commercial Taxes, Bangalore (Annexure-H) and has sought other incidental reliefs. 2. Briefly stated, the facts are that petitioner entered into a Joint Development Agreement with GOKULAM SHELTERS PRIVATE LIMITED, ISKCON CHARITIES and INDIA HERITAGE TRUST on 29.9.2010. Under the said agreement, petitioner agreed to construct residential apartments on the land owned by GOKULAM SHELTERS PRIVATE LIMITED and share the proceeds for the sale of the units with GOKULAM SHELTERS PRIVATE LIMITED, ISKCON CHARITIES and INDIA HERITAGE TRUST in the specified ratio incorpora....

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....es of the Joint Development Agreement dated 29.9.2010 and also the assessment orders impugned herein, and pointed out that the assessing authority while recognising the fact that no portion of the built up area was allotted to the owners of the land has nevertheless applied Circular dated No.12/2009-10 dated 7.12.2009 to the petitioner which is erroneous. He contended that the undivided interest in the project has been sold along with the constructed portion of the apartments to the intending purchasers and even in respect of the undivided interest in the land, the owners of the land have not been allotted any portion. Instead the owners of the land have only a share in the sale proceeds of the apartments sold by the petitioner to various p....

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....have to be considered by the First Appellate Authority. In the circumstances, learned Government Pleader contended that petitioner may be permitted to avail the alternative remedy. 6. I have considered these submissions in the light of the material on record. At the outset, it is no doubt true that as against re-assessment orders, there is an alternative and efficacious remedy of appeal available under Section 62 of the Act. However, learned senior counsel for the petitioner has strenuously argued that petitioner herein cannot be relegated to the appellate authority, having regard to the validity and applicability of Circular No.12/2009-10 dated 7.12.2009 being in issue. In that regard, it is also contended that the Circular itself was not....

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....aspects of the matter. 10. At this stage, it is brought to my notice by the learned senior counsel that petitioner has already paid a sum of Rs. 5.00 crores pursuant to an interim order passed by this Court, as the deduction was declined based solely on the Circular No.12/2009-10 dated 7.12.2009 and the controversy in the present case is on the applicability of the said Circular. 11. In the circumstances, while the writ petitions are dismissed as not maintainable on account of availability of alternative remedy, liberty is reserved to the petitioner to avail the alternative remedy, if so advised. However, respondents are directed not to make any fresh demand pending disposal of the appeal/appeals, if any, to be filed by the petitioner. Ap....