LAWS(KAR)-2018-9-62

CENTURY COMFORTS PVT LTD , REP BY ITS MANAGING DIRECTOR, K BALAKRISHNA SHENOY Vs. STATE OF KARNATAKA, REP BY PRINCIPAL SECRETARY TO GOVERNMENT, TOURISM

Decided On September 14, 2018
Century Comforts Pvt Ltd , Rep By Its Managing Director, K Balakrishna Shenoy Appellant
V/S
State Of Karnataka, Rep By Principal Secretary To Government, Tourism Respondents

JUDGEMENT

(1.) The petitioner is a Company registered under the Companies Act, established for the purpose of establishing Hotel industry. The petitioner is before this Court being aggrieved by the denial of exemption in payment of Stamp Duty, which was promised by the respondent-State Government.

(2.) Sri. Ajit A Shetty learned counsel appearing for the petitioner submits that the respondent-State Government, in its Tourism policy, published from time to time has given incentives and tax concession for establishment of hotels which would promote Tourism in the State Government. The department of Tourism by its order No.KaSamVaPra/231 PravaYo/2007, Bangalore, dated 20.10.2009 proposed to prepare the Karnataka Tourism Policy 2009-14 and to implement the policy along with concession and incentives mentioned in the said policy for the period of 5 years starting from 20.10.2009 to 19.10.2014. Learned counsel points out that it was made clear in the Notification that the facilities and concessions given under the provisions of the industrial policy 2009- 14, will be in force co-terminous with the said policy with respect of projects related to tourism.

(3.) The petitioner submitted its project for putting up of a Hotel at Moodanidambur village, Udupi Taluk and Udupi District in terms of the Tourism policy. On 104.2010, the project was approved by issuing project approval order. In order to establish the project, the petitioner was required to acquire lands for the purpose of establishment of a Hotel. Accordingly, the petitioner purchased about 9700 square feet of built up area in a commercial building named 'Aroor Arcade' along with the undivided interest in the land on which the building was constructed. The sale deed dated 28.12.2010 was presented for registration before the Sub-Registrar, Udupi, on 28.12.2010.