V.GOPALA GOWDA, ARALI NAGARAJ
Bharati Airtel Limited Represented by its Head Legal and Regulatory – Appellant
Versus
State of Karnataka Principal Secretary to Finance Department – Respondent
Arali Nagaraj, J
The appellant herein namely Bharti Airtel Ltd (Formerly M/s. Bharti Televentures Ltd.,) has challenged the order dated: 16.03.2007 passed by the learned Single Judge of this Court in W.P. No. 1537/07 (T-RES) declining to interfere with and quash the order of Re-assessment dated 12.01.2007 passed by the 3m respondent - Deputy Commissioner, Commercial Tax, Audit-42, DVO-4, Bangalore (hereinafter referred to as the "Assessing Authority" for short) and consequent 12 notices of demand issued by him for the months of April 2005 to March 2006 demanding the tax from the appellant - company quantified thereunder. The learned Single Judge declined to interfere with and quash the said order and notices on the ground that the Appellant did not avail the statutory remedy provided under the Karnataka Value Added Tax Act, 2003 (hereinafter referred to as the ("KVAT Act" for short). Therefore, the appellant has also challenged the legality and correctness of the said order of re-assessment.
2. Stated in brief the case of the appellant -assessee company as averred in its W.P. No.1537/07 areas under:
(a) The Appellant company is incorporated under the Indian Companies Act,
(2001) 9 SCC 275 J.M. Baxi and Company Gujarath vs Commissioner of Customs
(2003) 3 SCC 239 State of U.P and Another vs Union of India and Another (Ref) 14
1983 (13) ELT 1342 (SC) East India Commercial Company Limited vs Collector of Customs
1970 (26) STC 268 State of Rajasthan vs Nenu Ram (Ref) 14
1971 (28) STC 629 Associated Cement Company Limited, vs Asst. Commissioner of Sales Taxes
(2000) 10 SCC 482 Union of India vs State of Haryana (Ref) 14
(1989) 3 SCC 634 Federation of Hotels and Restaurant Association of India etc.
(2005) 1 SCC 308 Tata Consultancy Services vs State of A.P. (Ref) 18
(2002) 5 SCC 203 State of A.P. vs National Thermal Power Corporation Limited and Others (Ref) 18
(2000) 6 SCC 579 Hindustan Shipyard Limited vs State of A.P. (Ref) 18
(2001) 4 SCC 593 Associated Cement Companies Limited vs Commissioner of Customs (Ref) 27
(1969) 2 SCR 939 CST vs Madhya Pradesh Electricity Board
(1996) 7 SCC 637 Indian Aluminium Corporation vs State of Kerala (Ref) 39
AIR 1954 SC 403 Himmatlal Harilal Mehta vs State of Madhya Pradesh and Others (Ref) 7
2006 (3) SCC 1 Bharath Sanchar Nigam Limited and Another vs Union of India and Others (Ref) 14
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