Tz ZIGH OO T RT OFKARA, T BAGLOBE DA2ZD r:is fg ]tb DAY CF Jt”E 1998 fH LO BLE MR.JUS ICE iiRA1 S. LAKR WRIr ETIlIC Th.2182L/92 M/s.Kasturi Foods and C eca1s Limited, rep by its Manqing Director, Sri,RJ,Ramacbe ndra, o. 17, P1 atfo DEl Ro d, Bangalore—O. •.• PET1iO1ER (y Sri.9.’.Prasad for k/s.Vasar ASStS, AdV) i,Th State of Karnetaka, rep by jt Finance Secretary, Vidhana Soud a, Banga lore—1. 2.The Assistant Commissioner of Commercial Taxes (Ipte11igence, kysore Zone, Mysore. .,. REDD’TS (°y SrieK ,Shivayois ary, CP) D is petition is filed under article 226 of the Constitution of India praying to decirre and strike dwn clause (d) of Exotanation—3 to Sec. 2(1)(t of te KST Act, 19 as beyond the compe tence of the State Leislature and as violative of Art.286 of the Constitution and etc., This tition coming on for firther orders this day, the Court made thL following: ORDER Counsel for the petitioner points out that \ in the light of the dIvision bench decision of —: 2 - this Court in SE T LEAS1’ (TrDIALTD., —vS—U,1o’ OF DDIL (100 STC 533), te challenge to the provisions of Section 5(c) no longer srvives for further eovsideration particularly in view of the fact that the provision has been stru& down andow substituted by Act o,5/96 retros— pectively. He trged that t e petitioner would in the light of the above d v’lopents, file appropriate objections before the second respondent reserving liberty to question the constitutional validity of the newly added provision. The writ petition is accordIngly disposed of resErving libert:’ for the petitioner file objections to the impugned notice and also t challenge the validity of the newly added provision if so advised In seperste pzoceedirgs. The petitioner may file bI cbectiors to the impugned rotices within 6 weeks from today Sd/