LAWS(KAR)-1994-6-12

LIPTON INDIA LTD Vs. STATE OF KARNATAKA

Decided On June 13, 1994
LIPTON INDIA LIMITED Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) These five Writ Appeals are taken-out by the common appellants/original Writ petitioners challenging the order passed on 2.12.93, by learned Single Judge K. Shivashankar Bhat, rejecting the Writ Petitions of the appellants on the ground that there is availability of effective alternative remedy. The learned Judge, has however, observed that clarification issued by the Commissioner of Commercial Taxes in individual case is not binding on the assessing authority nor the Appellate Authority. They are required to decide the question according to law.

(2.) In order to appreciate the grievance of the appellants, in these common Appeals, it is necessary to note a few introductory facts:

(3.) INTRODUCTORY FACTS: The first appellant is a Company incorporated under the Companies Act, 1956. It is engaged in the business of manufacturing and selling inter alia, blended packet teas in Karnataka. The 1st appellant a registered dealer under the Karnataka Sales Tax Act 1050 hereinafter referred to as 'Act'- for short) and it comes within 1h jurisdiction of 4tfi respondent for assessment under the Act.