Karnataka High Court
India Advantage Fund Vi vs Union Of India on 5 March, 2013
Author: Ram Mohan Reddy
Bench: Ram Mohan Reddy
1
IN THE HIGH COURT OF KARNATAKA AT
BANGALORE
DATED THIS THE 05TH DAY OF MARCH 2013
BEFORE
THE HON'BLE MR.JUSTICE RAM MOHAN REDDY
WRIT PETITION NOS.5486/2013 & 6804/2013 C/W
WRIT PETITION NOS.5487/2013 & 6676/2013,
5587/2013 & 6680/2013 & 5595/2013 & 6677-
78/2013(T-TAR)
BETWEEN:
INDIA ADVANTAGE FUND VI,
C/O ICICI VENTURES FUND MANAGEMENT
COMPANY LIMITED,
10TH FLOOR, PRESTIGE OBELISK,
KASTURBA ROAD,
BANGALORE-560001
REPRESENTED BY UJJWAL
MADHUKAR DESHMUKH ... PETITIONER IN
WP NOS.5486/2013 & 6804/2013
INDIA ADVANTAGE FUND II,
C/O ICICI VENTURES FUND MANAGEMENT
COMPANY LIMITED,
10TH FLOOR, PRESTIGE OBELISK,
KASTURBA ROAD,
BANGALORE-560001
REPRESENTED BY UJJWAL
MADHUKAR DESHMUKH ... PETITIONER IN
WP NOS. 5487/2013 & 6676/2013
INDIA ADVANTAGE FUND IV,
C/O ICICI VENTURES FUND MANAGEMENT
2
COMPANY LIMITED,
10TH FLOOR, PRESTIGE OBELISK,
KASTURBA ROAD,
BANGALORE-560001
REPRESENTED BY UJJWAL
MADHUKAR DESHMUKH ... PETITIONER IN
WP NOS.5587/2013 & 6680/2013
ICICI STRATEGIC INVESTMENTS FUND
C/O ICICI VENTURES FUND MANAGEMENT
COMPANY LIMITED,
10TH FLOOR, PRESTIGE OBELISK,
KASTURBA ROAD,
BANGALORE-560001
REPRESENTED BY UJJWAL
MADHUKAR DESHMUKH ... PETITIONER IN
WP NOS.5595/2013 & 6677-78/2013
(By Sri Sujith Gosh, Adv for
M/s BMR Legal & Poovayya & Co.)
AND:
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
NORTH BLOCK
NEW DELHI-110001
2. CENTRAL BOARD OF EXCISE AND CUSTOMS
DEPARTMENT OF REVENUE
MINISTRY OF FINANCE
REPERSENTED BY ITS CHAIRMAN
NORTH BLOCK
NEW DELHI-110001
3. COMMISSIONER OF SERVICE TAX
3
NO.16/1, 5TH FLOOR
S P COMPLEX,
LAL BAGH ROAD
BANGALORE-560027 ....COMMON
RESPONDENTS
4. COMMISSIONER OF CENTRAL EXCISE,
BANGALORE III COMMISSIONERATE
OFFICE OF THE COMMISSIONER OF
CENTRAL EXCISE, CR BUILDING,
QUEEN'S ROAD,
BANGALORE-560001
...RESPONDENT No. 4 IN
WP NOS.5595/2013 & 6677-78/2013
(By Sri T M Venkata Reddy, Adv)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLE 226 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH S.NO.6 OF PARAGRAPH 2 OF
THE IMPUGNED CIRCULAR DT.1.1.13, ISSUED
UNDER SEC.37B OF THE EXCISE ACT DT.1.1.13,
PRODUCED AT ANN-A TO THE INSTANT WRIT
PETITION.
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING THIS DAY, THE COURT
MADE THE FOLLOWING:
ORDER
Sri T M Venkata Reddy, learned Senior Standing Counsel for Central Board of Excise and Customs, is directed to take notice for respondents. 4
2. Recording the submission of the learned Senior Standing Counsel that CESTAT is functioning and that the petitioners may move the said authority for necessary interim orders in the appeal pending, nothing further survives for consideration in these petitions and are accordingly disposed of.
Sd/-
JUDGE bkp