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Karnataka High Court

M/S. Ncc Limited vs Union Of India on 30 May, 2016

Author: Vineet Kothari

Bench: Vineet Kothari

                           1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 30TH DAY OF MAY 2016

                         BEFORE

         THE HON'BLE DR. JUSTICE VINEET KOTHARI

           WRIT PETITION No. 45050/2015(T-RES)


BETWEEN:

M/S.NCC LIMITED
(FORMERLY KNOWN AS
NAGARJUNA CONSTRUCTION COMPANY LIMITED)
NO.301, BATAVIA CHAMBERS
NO.8, KUMARA KRUPA ROAD
BANGALORE - 560 001.
REPRESENTED BY
EXECUTIVE VICE PRESIDENT.
                                   ...PETITIONER

(BY SRI. KUMAR RAM.C.M , FOR
    SRI. C.K.NANDAKUMAR, ADVOCATE)

AND

1.      UNION OF INDIA
        MINISTRY OF FINANCE
        DEPARTMENT OF REVENUE
        NORTH BLOCK
        NEW DELHI - 110 001.
        REPRESENTED BY ITS SECRETARY.

2.      STATE OF KARNATAKA
        THROUGH KARNATAKA HEALTH SYSTEM
        DEVELOPMENT AND REFORM PROJECT
        (KHSDRP)
        1ST FLOOR, PHI BUILDING
        SHESHADRI ROAD
        BANGALORE - 560 001.
        REPRESENTED BY ITS CHIEF ENGINEER.
                            2



3.   RASHTRIYA MADHYAMIKA SHIKSHA
     ABIYAN (RMSA) KARNATAKA
     NEW PUBLIC OFFICE PREMISES
     NRUPATHUNGA ROAD
     K.R.CIRCLE
     BANGALORE - 560 001.
     REPRESENTED BY
     THE STATE PROJECT DIRECTOR.

4.   STATE OF KARNATAKA
     THROUGH PUBLIC WORKS, PORT AND INLAND
     WATER TRANSPORT DEPARTMENT
     BIDAR DIVISION
     BIDAR - 585 401.
     REPRESENTED BY EXECUTIVE ENGINEER.
                                  ...RESPONDENTS

(BY SRI. JEEVAN.G.NEERALGI, ADV. FOR R-1;
    SRI.T.K.VEDAMURTHY, AGA FOR R-2 TO R-4)

                           -0-0-0-0-


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND  OF THE CONSTITUTION OF INDIA PRAYING TO
DECLARE THAT NOTIFICATION NO.6/2015 (ANNEX-A) THAT
WITHDRAWS THE EXEMPTION GRANTED UNDER CLAUSE
12(A)/(C), FOR CONTRACTS OF CONSTRUCTION WITH THE
GOVERNMENT,      FOR      STRUCTURES      USED      FOR
EDUCATIONAL    AND     OTHER   SOCIAL    PURPOSES    IN
UNCONSTITUTIONAL,      ARBITRATY   AND   ILLEGAL    AND
CONSEQUENTLY ISSUE APPROPRIATE WRIT, ORDER, RULE
OR DIRECTION TO QUASH THE SAME.


     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY THE COURT MADE THE
FOLLOWING:
                              3



                         ORDER

In view of the admitted position that the impugned demand of the service tax stand paid by the petitioner, nothing survives for consideration in this petition.

2. Writ petition is dismissed as infructuous.

Sd/-

JUDGE *alb/-.