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2003 Supreme(Kar) 367

H.L.DATTU
RAJSHEKER R. NADGOUD – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
ARVIND DESAI, B.ANAND, B.B.BAJENTRI, B.K.MANJUNATH, B.M.SIDDAPPA, B.SHRANABASAVA, C.M.Desai, G.A.CHANDRAMOHAN, K.G.NAYAK, M.P.ESVARAPPA, P.H.VIRUPAKSHAIAH, PRABHULING K.NAVADGI, R.G.HALESHA, S.Mahesh, S.S.Guttal, S.V.PRAKASH, SANJIV V.HANCHATE, SHIVARUDRAPPA SHETKAR, U.P.VATSALA, V.N.SATHYANARAYAN

H. L. DATTU, J.

( 1 ) A tax reform made, for levy, assessment and collection of property tax by the State Government by amending certain provisions of Definition Clause and chapter VI "municipal Taxation" of the karnataka Municipalities Act, 1964, by karnataka Municipalities (Amendment) Act, 2000 (Karnataka Act No. 28 of 2001) is the subject-matter of these batch of writ petitions.

( 2 ) THE amended provisions basically provide for tax base, tax rate, coverage and collection. The first two issues involve legal and policy issue and others are machinery and procedural provisions for collection of taxes.

( 3 ) THE valuation of the property for the assessment of property tax prior to the amendment of the Act was being done on the basis of the annual rent that the property would fetch from year to year and now the Legislative entry speaks of Taxable Capital Value. Taxable value is the sum at which the property is appraised for taxation. The expression capital value used in the Act is not however the cost of construction of building or its market value as a wealth. It is a working expression, which may roughly be said to be the taxable value of the building. One of the modes commonly empl




































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