Petitioners seeking leave to withdraw writ petitions challenging an excise circular and notices. Court granted leave and dismissed petitions as withdrawn.
Leave granted to withdraw writ petitions; petitions dismissed as withdrawn.
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 19TH DAY OF JULY 2012
BEFORE
THE HON'BLE MR. JUSTICE H.G.RAMESH
W.P.Nos.25765 & 35911-35965/2011 (T-TAR)
BETWEEN:
M/S KENNAMETAL INDIA LIMITED 8/9TH MILE, TUMKUR ROAD BANGALORE 560 073 REP BY MR. SANTANOO MEDHI MANAGING DIRECTOR
... PETITIONER
(BY SRI. K.S. NAVEEN KUMAR, ADVOCATE FOR SRI. K S RAVI SHANKAR, ADVOCATE)
AND:
W.P.Nos.25765 & 35911-65/2011
CUSTOMS & SERVICE TAX LARGE TAXPAYERS UNIT (LTU) JSS TOWERS 100 FEET RING ROAD BANASHANKARI III STAGE BANGALORE 560 085 ... RESPONDENTS
(BY SRI. RAVI. V, ADVOCATE FOR SRI. N R BHASKAR, ADVOCATE)
THESE W.Ps ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/ANNULLING/SET ASIDE THE IMPUGNED CIRCULAR NO.813/10/2005-CX DATED 25.04.2005 VIDE ANNEXURE B AS EXFACIE ILLEGAL AND CONTRARY TO THE PROVISIONS OF SECTION 4 OF THE CENTRAL EXCISE ACT, 1944 READ WITH THE VALUATION RULES AND HOLD THAT THE PETITIONER IS ENTITLED TO FOLLOW THE CLARIFICATION ISSUED BY THE BOARD VIDE CIRCULAR DATED 1.7.2002.
THESE WPs COMING ON FOR PRL. HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
H.G.RAMESH, J. (Oral):
Learned counsel appearing for the petitioner seeks leave to withdraw the writ petitions with liberty to the petitioner to file a fresh writ petition challenging the circular and the notice impugned herein as well as the order dated 28.06.2012 passed
by the Additional Commissioner of Central Excise and
Service Tax (LTU), Bangalore in accordance with law.
Leave as sought for is granted. The writ petitions are accordingly dismissed as withdrawn.
Registry to forthwith return to the petitioner’s counsel all the annexures produced.
Petitions dismissed.
Sd/JUDGE
hkh/ata.
M/S KENNA METAL INDIA LIMITED
THE UNION OF INDIA REPRESENTED BY THE COMMISSIONER OF CENTRAL EXCISE
H.G. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
