LAWS(KAR)-2012-9-25

VEERABHADRESHWARA INDUSTRIES Vs. STATE OF KARNATAKA

Decided On September 10, 2012
VEERABHADRESHWARA INDUSTRIES Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) PETITIONER has sought for a direction to respondents 3 and 4 to issue exemption certificate exempting from APMC cess/fee as per the New Industrial Policy vide Annexure-B and as per the amended APMC Act, 2011. Consequential reliefs are also sought for.

(2.) ANNEXURE -D, dated 2.8.2011 reveals that the Joint Director, District Industries Centre, Davanagere has passed an order recommending for APMC cess exemption to the petitioner. The third respondent will have to take action pursuant to such recommendation. So also, the 4th respondent will have to act pursuant to the order/recommendation at Annexure-D. 4th

(3.) IN view of the same, respondents 3 and 4 are directed to consider the case of the petitioner as per law for issuing exemption certificate exempting from APMC cess/fees as per New Industrial Policy vide Annexure-B and as per the amended APMC Act, 2011. Respondents 3 and 4 shall take into account the order/recommendation at Annexure-D, dated 2.8.2011 passed by the Joint Director, District Industries Centre, Davanagere relating to APMC cess exemption. Till such time, the respondents shall not collect APMC cess from the petitioner.