High CourtsSingle Bench(2012) 11 KAR CK 0103

Karnataka State Industrial and Infrastructure Development Corporation Ltd. vs Joint Commissioner for Transport (Bangalore Urban and Rural), The Asst. Regional Transport Officer and Taxation Authority R.T.O. and M/S Iqra Transport Pvt. Ltd.

Karnataka High Court · Decided on 27 November 2012

HON’BLE JUDGES
H.G. Ramesh, J
CASE NUMBER
W.P.Nos. 22809-22812 of 2011 T MVT

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Judgment

7 paragraphs · 246 words

H.G. Ramesh, J.—Learned Counsel appearing for the petitioner submits that the petitioner will pay tax to respondent No. 2 as per the impugned orders less the amount already paid, He submits that the writ petitions may be disposed of by giving liberty to the petitioner to apply to respondent No. 2 for refund of tax as provided u/s 7 of Karnataka Motor Vehicles Taxation Act, 1957 (''the Act'' for short) and also for permission to dispose of the four vehicles in question. Learned Additional Government Advocate appearing for respondent Nos. 1 and 2 submits that he has no objection for disposal of the writ petitions as sought for by the learned Counsel for the petitioner.

2.

In view of the above, I make the following order:

(i) the petitioner shall pay tax as per the impugned orders and the petitioner is at liberty to apply for refund of tax as provided u/s 7 of the Act;

(ii) the petitioner is also at liberty to apply to respondent No. 2 for permission to dispose of the four heavy passenger vehicles in question; if such an application is made, respondent No. 2 shall consider the same in accordance with law as expeditiously as possible in view of the urgency pleaded.

The writ petitions stand disposed of in the above terms.

In view of disposal of the writ petitions, I.A.No. 2/2012 filed for a certain direction does not survive for consideration; it stands disposed of accordingly.

Petitions disposed of.