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IN THE HIGH COURT OF KARNATAKA, AT BENGALURU
DATED THIS THE 10TH DAY OF FEBRUARY, 2017
BEFORE
THE HON'BLE MR. JUSTICE RAGHAVENDRA S. CHAUHAN
WRIT PETITION No. 9634/2009 & WRIT PETITION No. 4559/2010 (T-IT)
BETWEEN:
Sri.K.M.Ibrahim, S/o Mohammad Age: 68 years, Occ: Business Blumoon Estate, Suntikoppa, Kodagu Dist. ... PETITIONER (By Sri./Smt : S.M. CHANDRA SHEKHAR., Advocate)
AND:
State of Karnataka, Ministry of finance, Department of Revenue, Vidhana Soudha, Dr. Ambedkar Veedhi, Bangalore-01, Rep. by Secretary.
The Assistant Commissioner of Commercial Taxes (L.T and A.I.T), Madikeri, Kodagu Dist.
H.K.Muthanna S/o Late H.K.Kamavva, Age: Major, Suntikoppa, Kodagu Dist. ... RESPONDENTS
(By Sri./Smt : State Counsel to take notice for R1 & 2) …2
W.P. No. 9634/2009
& W.P. No. 4559/2010 2
These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India praying to declare that provision to section 25 of the Act, authorizing the assessing authority to demand and collect the agriculture income tax from the transferor of an agriculture land instead of collecting the tax from the transferee, who has earned the agriculture income before the transfer of the agriculture land as ultravirus of sec 25 of the act. Quash the impugned order dated: 22.12.2008 passed by the 2nd Respondent produced at Annexure-A as illegal.
These Writ Petitions coming on for orders on this day the court made the following order.
ORDER
The learned counsel for the petitioner is granted four weeks time to comply with the office objections, failing which, this petition shall stand automatically dismissed without further reference to the Court.
Sd/- JUDGE
T By : JAY
C By : R R By : JAY
COPY
Sd/-
ASSISTANT REGISTRAR