MCLEOD RUSSEL INDIA LIMITED Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Dr. A. Saraf, learned Sr. Counsel assisted by Mr. A. Kaushik, learned counsel for the petitioner. Also heard Mr. B. Gogoi, learned Addl. Advocate General, Assam assisted by Mr. M. Bhuyan, learned counsel appearing for the State.

(2.) This matter has been referred to this Bench in view of the opinion of the learned Single Judge in WP(C) 7505/2015 that the decision of the Division Bench of this court in the judgment dtd. 21/9/2012 passed in M/s Kanoi Estates Private Limited Vs. State of Assam and Ors. [WP(C) 3753/2012], does not appear to be in conformity with the law laid down by the Constitution Bench of the Hon'ble Supreme Court in the case of Karimtharuvi Tea Estate Ltd. Vs. State of Kerala, reported in AIR 1966 SC 1385.

(3.) The issue to be decided is whether Sec. 8B of the Assam Agricultural Income Tax (Amendment) Act, 2009 (hereinafter referred to as the "Act"), which was notified in the Assam Gazette Notification dtd. 2/2/2009 and was deemed to come into force with effect from 1/4/2009, intended to tax the agricultural income of the previous financial year, i.e 2008-2009.