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2011 Supreme(Kar) 914

N.KUMAR, RAVI MALIMATH
Sasken Communication Technologies Ltd. – Appellant
Versus
Joint Commissioner of Commercial Taxes (Appeals)-3, Bangalore – Respondent


Advocates:
Advocate Appeared:
Mr. Raghuram, Chythanya K.K., for the Appellant.
Mr. T.K. Veda Murthy, Smt. S. Sujatha, for the Respondent.

JUDGMENT

N. Kumar, J.—These writ appeals are filed against the order passed by the learned Single Judge declining to entertain the Writ Petitions, which is filed challenging the order passed by the assessing authority on the ground that the petitioner has an alternate and efficacious remedy by way of statutory appeal.

2. The appellant-assessee is a Public Limited Company engaged in the business of software development and export and providing software services. The assessee is a registered dealer under the Karnataka Value Added Tax Act, 2003 (hereinafter referred to as the 'KVAT Act') and the Central Sales Tax Act, 1956, (hereinafter referred to as 'the CST Act' for short). The assessee has been filing its VAT returns in Form VAT 100 in LVO - 045 regularly. The assessee is also registered under Section 69 of Chapter-V of the Finance Act, 1994 (hereinafter referred to as the 'Act') for the purpose of payment of service tax and has been paying service tax on its service turnover from the date of applicability. The place of business of the assessee was visited by the Commercial Tax Officer for the purpose of inspection on 8-6-2010. Subsequently the case was assigned for audit. The asses









































































































































































































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