2017 (4) TMI 1303

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....ereinafter referred to as 'CST Act' for short). Being aggrieve d by the orders of reassessment for tax period April' 2005 to March' 2006, April' 2006 to March' 2007, April' 2007 to March' 2008, April' 2008 to March' 2009 and January' 2014 to March' 2014 petitioner preferred appeals before the Joint Commissioner of Commercial Taxes, who by separate orders dismissed the appeals and confirmed the orders of reassessment passed. Being aggrieved by the same, petitioner filed appeals before the Karnataka Appellate Tribunal under Section 63 of Karnataka Value Added Tax, 2003 (hereinafter referred to as 'KVAT Act' for short) in STA Nos.403/2016, 404/2016, 405/2016, 407/2016 and 398/2016. Said appeals were accompanied by an application for stay of re....

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....f petitioner on the ground that mandate of Section 63(7)(b) of KVAT Act disclose that on expiry of 365 days from the date of grant of stay order, if appeal is not disposed of, such stay would not stand extended. Hence, petitioner is before this Court challenging the endorsement dated 16.03.2017 - Annexure-P. 4. It is not in dispute that Appellate Tribunal namely, Karnataka Appellate Tribunal has not disposed of the appeals within a period of one (1) year from the date of interim order of stay granted on 18.04.2017. It is also not in dispute that petitioner had paid 30% of disputed tax at the time of filing of appeals and had also furnished bank guarantees for the disputed tax. It is now stated a t the bar that bank guarantees were also ext....