Appears are heard on preliminary hearing seeking to set aside an order in a writ petition regarding tax refund subject to pending Supreme Court judgment. Appeals disposed.
Writ appeals disposed as they were on preliminary hearing with no substantive adjudication.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 16TH DAY OF NOVEMBER 2012
PRESENT
THE HON'BLE MR. JUSTICE K.SREEDHAR RAO
AND
THE HON'BLE MR. JUSTICE B.V.PINTO
W.A. No.3404/2012 AND
W.A.Nos.5112-5119/2012
BETWEEN:-
M/S. FOTO FLASH, NO.21, P. KALINGA RAO ROAD, (MISSION ROAD), BANGALORE- 560 027, (BY ITS MANAGING PARTNER, AHOK FERNANDES, 55 YEARS).
APPELLANT
(BY SRI T.N. KESHAVAMURTHY, ADVOCATE)
AND:-
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RESPONDENTS
(BY SRI VEDAMURTHY, ADVOCATE FOR R1-R3) (BY SRI T.K. VEDAMURTHY, AGA FOR R4)
THESE WRIT APPEALS ARE FILED U/S.4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.43174325/2010(T-KST) DATED 11/08/2010.
These W.As. are coming on for preliminary hearing this day, SREEDHAR RAO, J., delivered the following:
JUDGMENT
It is submitted that the movable properties which are stated to
be hypothicated to the bank would be offered as security and in
addition, the immovable property would also be offered as security
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to the respondent for refund of the tax amount. The refund made shall, however be subject to the result of CAP No.1145/2006 pending before the Supreme Court. Accordingly, the Writ Appeals are disposed of.
Sd/-
JUDGE
Sd/JUDGE
psg*
1 provisions across 1 enactments
M/S. FOTO FLASH
THE DEPUTY COMMISSIONER OF COMMERCIAL TAXES
THE JOINT COMMISSIONER OF COMMERCIAL TAXES
THE COMMISSIONER OF COMMERCIAL TAXES
STATE OF KARNATAKA
K.Sreedhar Rao
B.V.Pinto
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
