2016 (6) TMI 7

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.... Sri Cherian Punnose, Advocate For the Respondent : Sri: K. M. Shivayogiswamy ORDER Admit. 2. Mr. K.M.Shivayogiswamy, learned Addl. Government Advocate appears on advance copy and waives notice. 3. With the consent of learned counsel appearing on both sides, the appeals are finally heard. 4. The present appeals are directed against interim order dated 5/2/2016, passed by the lear....

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....was there, it could not be reopened merely because, subsequently, Supreme Court has held that charger is not a part of mobile for the purpose of levying VAT. The second contention by the learned counsel for the appellant is that even Section 39(2) was not on the statute, which has been invoked since Section 39, which is invoked has come into force in the year 2013, whereas reassessment is conclude....

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.... J.). As such, there is a point of jurisdiction to reopen the reassessment and the matter deserves consideration as the learned counsel has already admitted the matter, the same appears to be appropriate, but if the jurisdiction to reopen the concluded assessment is not available, everything would fall to ground. 10. We leave it at that because the matter is pending before the learned single ju....

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....zed of the matter. 11. Hence, we find that, following direction would meet the ends of justice: The interim order passed by the learned single judge shall stand modified to the effect that there shall be stay against recovery of the demanded amount on condition that the appellant furnishes bank guarantee equivalent to 30% of the demand on or before 06/06/2016 and further gives an undertaking....