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Karnataka High Court

Genesis Colors Private Limited vs Union Of India on 27 July, 2012

Author: H.G.Ramesh

Bench: H. G. Ramesh

                                  W.P.Nos.40954-40956/2010
                           -1-


 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 27TH DAY OF JULY 2012

                        BEFORE

       THE HON'BLE MR. JUSTICE H. G. RAMESH

 WRIT PETITION Nos.40954-40956 OF 2010 (T-RES)

BETWEEN:

1.    GENESIS COLORS PRIVATE LIMITED
      A COMPANY INCORPORATED UNDER THE
      COMPANIES ACT, 1956, AND HAVING ITS
      REGISTERED OFFICE AT 3A-1, RAO TULA
      RAM MARG, NEW DELHI- 110022
      REPRESENTED BY ITS AUTHORIZED SIGNATORY

2.    GENESIS LUXURY FASHION PRIVATE LIMITED
      A COMPANY INCORPORATED UNDER THE
      COMPANIES ACT, 1956, AND HAVING ITS
      REGISTERED OFFICE AT 3A-1, RAO
      TULA RAM MARG, NEW DELHI- 110022
      REPRESENTED BY ITS AUTHORIZED SIGNATORY

3.    BURBERRY INDIA PRIVATE LIMITED
      A COMPANY INCORPORATED UNDER THE
      COMPANIES ACT, 1956, AND HAVING ITS
      REGISTERED OFFICE AT 3A-1, RAO
      TULA RAM MARG, NEW DELHI- 110022
      REPRESENTED BY ITS AUTHORIZED SIGNATORY
                                        ... PETITIONERS

      (BY SMT. JAYNA KOTHARI, ADVOCATE)

AND

1.    UNION OF INDIA
      MINISTRY OF FINANCE
      DEPARTMENT OF REVENUE
      NORTH BLOCK
      NEW DELHI- 110001
      THROUGH ITS SECRETARY
                                  W.P Nos.40954-40956/2010
                          -2 -

2.   DIRECTOR GENERAL OF SERVICE TAX
     PIRAMAL CHAMBERS
     JIJIBHOY LANE ,PAREL (EAST)
     MUMBAI- 400012

3.   THE CENTRAL BOARD OF EXCISE AND CUSTOMS
     DEPARTMENT OF REVENUE
     MINISTRY OF FINANCE, NORTH BLOCK
     NEW DELHI
     THROUGH ITS CHAIRMAN

4.   THE COMMISSIONER OF SERVICE TAX
     NO.17, BEAEA BUILDING, INDRAPRAST ESTATE
     NEW DELHI

5.   P DINESH REDDY
     AGE: MAJOR
     KRISHNA COMPLEX, 5TH FLOOR
     14, MADRAS BANK ROAD
     BANGALORE- 560001

6.   M/S ABHISHEK DEVELOPERS
     MANTRI HOUSE
     41, VITTAL MALLYA ROAD
     BANGALORE- 560001
     BY ITS DIRECTOR

7.   PRESTIGE GARDEN CONSTRUCTIONS PVT. LTD.
     THE FALCON HOUSE
     1, MAIN GUARD CROSS ROAD
     BANGALORE- 560001
     BY ITS DIRECTOR

8.   UNITED BREWERIES (HOLDINGS) LIMITED
     UB ANCHORAGE, V FLOOR, NO. 100/1
     RICHMOND ROAD
     BANGALORE- 560026
     BY ITS GENERAL MANAGER

9.   PRESTIGE ESTATES PROJECTS LIMITED
     THE FALCON HOUSE, NO.1
     MAIN GUARD CROSS ROAD
     BANGALORE-560001
     BY ITS DIRECTOR                   ... RESPONDENTS

     (BY SRI N R BHASKAR, ADVOCATE FOR R1-4;
                                 W.P Nos.40954-40956/2010
                         -3 -

        SMT. VANI H, ADVOCATE FOR R5;
        SRI B.M. GURURAJ, ADVOCATE FOR R6;
        R7 TO R9 SERVED)

      THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND  OF THE CONSTITUTION OF INDIA PRAYING TO
DECLARE THE IMPUGNED AMENDMENTS AS NULL AND VOID
AND ULTRA VIRES THE PROVISIONS OF THE CONSTITUTION
OF INDIA AND / OR SECTION 66 OF THE FINANCE ACT AND /
OR BE PLEASED TO STRIKE DOWN THE SUBJECT PROVISIONS
OF THE FINANCE ACT AS ILLEGAL, ARBITRARY AND VIOLATIVE
OF ARTICLES 14, 246 AND  OF THE CONSTITUTION OF
INDIA, PETITIONERS CONCERNED AND ETC.,


      THESE WRIT PETITIONS COMING ON FOR HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:

                     ORDER

H.G.RAMESH, J. (Oral):

Learned counsel appearing for the petitioners seeks leave to withdraw these Writ Petitions. Leave granted. The Writ Petitions are dismissed as withdrawn.

Petitions dismissed.

Sd/-

JUDGE BNS