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2019 (3) TMI 1084

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....er Kumar Advocate]   Respondent [By Sri. T.K. Vedamurthy Additional Government Advocate]   O R D E R The petitioner has challenged the Reassessment Notice No. ACCT(AUDIT)-6.1/T.NO.1430/18-19 issued under Section 39(1) of the Karnataka Value Added Tax Act, 2003 (For short, the 'Act') read with Section 36(1) and 72(2) of the Act dated 12.02.2019 along with consequent Endorsement N....

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....r more branches. The respondent further erred in holding that the petitioner had purchased goods from outside the State when such purchasers were in fact capital goods; such purchases have been held by this court not to violate Section 15 of the Act. 3. Sri Rajesh Chander Kumar, learned counsel for the petitioner would contend that the very subject matter relating to the tax period 2014-15 is p....

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....ssment proceedings if requires to be initiated pursuant to the order passed by this court in STA No.153/2016, the same would be barred by limitation in terms of the provisions of the Act, resulting in loss of revenue to the State exchequer. 5. Having heard the learned counsel for the parties and perusing the material on record, it is not in dispute that the subject matter involved in this petit....

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....is court, it would be appropriate to direct the respondent to proceed with the reassessment proceedings and the same shall be subject to the result of STA No.153/2016 pending before this court. It is needless to mention that even if the reassessment order is passed for the tax periods in question, the same shall not be enforced until a decision to be taken by this court in STA 153/2016.   ....