KIRLOSKAR ELECTRIC COMPANY LIMITED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IMPORTANT question which falls for consideration in these petitions is whether the notification issued by the State Government in exercise of powers conferred by Explanation II to Entry 16b of the Schedule to Karnataka Tax on Entry of Goods Act, 1979, is impliedly repealed or rendered ineffective with the amendment of the Act by the Legislature by introducing an entry in the Explanation II of Entry 16-B of the Schedule retaining raw materials while excluding component parts and inputs made out of raw materials, to which the exemption was given by the notification.

(2.) ). This order shall dispose of these appeals relating to assessment years 1986-87, 1987-88, 1988-89 and 1989-90. In all these appeals common questions of law and fact are involved and therefore being disposed of by a common order as has been done by the authorities below.

(3.) PETITIONER herein is a Company registered under the Companies Act, 1956 and is engaged in the business of manufacturing Electrical Goods. It is a registered dealer under the provisions of the Karnataka Tax on Entry of Goods Act, 1979 (hereinafter referred to as 'the Act' ). In the course of manufacturing activities petitioner caused entry of several goods enumerated in the schedule to the Act in the local area of Bangalore and Hubli. The subject-matter of these revision petitions inter alia relates to grant of exemption for component parts or goods made out of Iron and Steel under Notification No. FD. 83. CET. 84 dated 27th November, 1984.