Karnataka High Court
M/S Kleio Solar Power Pvt Ltd vs The Central Board Of Indirect Taxes on 13 August, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:32970
WP No. 24487 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 24487 OF 2022 (T-RES)
BETWEEN:
M/S. KLEIO SOLAR POWER PVT. LTD.,
COMPANY REGISTERED UNDER
COMPANIES ACT OF 1956,
REPRESENTED THROUGH ITS
AUTHORIZED SIGNATORY,
REGD. OFFICE MY HOME TWITZA,
PLOT NO.30/A,
TSIIC HYDERABAD,
KNOWLEDGE CITY,
RAIDURG, HYDERABAD,
TELANGANA - 500 081.
REPRESENTED BY ITS
CHIEF OPERATING OFFICER,
MR. VINAY KUMAR PABBA,
Digitally
signed by AGED 52 YEARS,
Vandana S R/AT 4-879/B/4, PLOT NO.4,
Location: BAKARAM STREET NO.7,
HIGH COURT
OF GANDHINAGAR,
KARNATAKA HYDERABAD,
TELANGANA - 500 080.
...PETITIONER
(BY SRI. MOHAN MAIYA G L., ADVOCATE)
AND:
1. THE CENTRAL BOARD OF INDIRECT TAXES
AND CUSTOMS,
THROUGH ITS SECRETARY,
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NC: 2024:KHC:32970
WP No. 24487 of 2022
UNION OF INDIA,
MINISTRY OF FINANCE,
DEPARTMENT OF REVENUE,
NORTH BLOCK,
NEW DELHI - 110 001.
2. THE PRINCIPAL SECRETARY,
ENERGY, GOVERNMENT OF KARNATAKA,
2ND FLOOR, VIKASA SOUDHA,
DR. B.R.AMBEDKAR STREET,
BANGALORE - 560 001.
3. THE UNION OF INDIA,
MINISTRY OF FINANCE,
DEPARTMENT OF REVENUE,
NORTH BLOCK,
NEW DELHI - 110 001.
...RESPONDENTS
(BY SRI.JEEVAN J NEERALGI, ADVOCATE FOR R1;
SRI.HEMA KUMAR K., AGA FOR R2;
SRI.MADAVAN PILLAI, CGC FOR R3)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION
NO. 54/2022 CUSTOMS DATED 19.10.2022 (VIDE ANNEXURE-A)
ISSUED BY THE R1 TO THE EXTENT OF S.NO. 2(II) AMENDING THE
PROJECT IMPORT REGULATIONS, 1986 TO EXCLUDE SOLAR
POWAR PLANTS OR SOLAR POWER PROJECTS AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
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WP No. 24487 of 2022
ORAL ORDER
Learned counsel for the petitioner has filed a memo dated 14.05.2024, seeking leave of the Court to withdraw the present petition, which reads as under;
"1. The Petitioner has filed the above Writ Petition No. 24487/2022 impugning therein the legality and validity of the amendment made to the Project Import Regulations, 1986 (PI Regulations") vide Notification No. 54/2022- Customs dated 19.10.2022 (S. No. 2(ii)) to the extent it excludes Solar Power Plants or Solar Power Projects from the Table appended to the PI Regulations which lists the requisite sponsoring authorities for the Projects covered under the PI Regulations. That the Petition has also been filed for issuance of a writ of mandamus or a writ in the nature of mandamus, or any other appropriate writ, order or direction for processing of the Application dated 17.08.2022 filed by the Petitioner under Regulation 5 of the PI Regulations for obtaining appropriate clearance and approval of the list of equipment necessary for its project.
2. It is submitted that the Petitioner is not intended to pursue the instant Petition.
WHEREFORE, the Petitioner prays this Hon'ble court may be pleased to dismiss the above writ petition as withdrawn in the interest of justice and equity."
2. Memo is placed on record.
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3. In view of the memo, petition is dismissed as withdrawn.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE PN CT: SN List No.: 1 Sl No.: 3