M/S BHIMA JEWELLERS vs. THE DEPUTY COMMISSIONER OF
WP/16525/2012HC Karnataka20 Jul 2012
Bench: The Hon’Ble Mr. Justice H.G.Ramesh W.P.Nos.16525-16544/2012 (T-Res) Between: M/S Bhima Jewellers Represented By Its Managing Partner Sri B.Krishnan Aged About 64 Years No.45/5, Dickenson Road Bangalore-560 042 … Petitioner [By Sri R.V.Prasad, Advocate For M/S Vasan Associates, Advocates) And: 1. The Deputy Commissioner Of Commercial Taxes (Audit-5.2) Dvo-5, Vtk-2, 5Th Floor Koramangala Bangalore-560 047 2. The Commissioner Of Commercial Taxes V.T.K.Builiding Kalidasa Road Gandhinagar Bangalore-560 009 … Respondents (By Sri T.K.Vedamurthy, Gp) These Wp’S Are Filed Under Articles 226 & 227 Of The Constitution Of India, Praying To Quash The Orders Of Re-Assessment Dated 8.5.2012 Passed Under Section 39(2) Of The Act & The Consequential Notices Of Demand, All Dated 8.5.2012 By Respondent-1 Pertaining To The Assessment Periods February 2009 & March 2009, April 2009 To March 2010 & April 2010
Section 39(2)Section 87
Section 87 of the
KVAT Act read with Rule 173 of the Karnataka Value
Added Tax Rules, 2005 (‘the Rules’ for short). The only
other contention is that the prescribed authority i.e.,
the re-Assessing Officer had no jurisdiction to pass the
reassessment orders. In support of his submissions,
he relied on the judgments of this Court reported