The Karnataka High Court has ruled that the demand, collection, and refund of Forest Development Tax (FDT) are subject to the final outcomes of ongoing legal proceedings. This decision acknowledges that the FDT provisions were previously declared ultra vires, but the matter is still under appeal. Consequently, any actions regarding FDT will await the resolution of related cases before the Karnataka High Court and the Supreme Court.
Court :
Karnataka High Court
Brief :
The Karnataka High Court at Dharwad, in Shashikala Namdev Kumbhar v. State of Karnataka & Others, examined the validity of the Forest Development Tax (FDT) collected on the purchase of timber. The petitioner sought quashing of the FDT demand and refund of the amount already collected.
Citation :
WRIT PETITION NO. 106756 OF 2026 (GM-FOR)
Background
The petitioner, a timber merchant, challenged the collection of FDT on timber purchases. The issue had already been considered by a coordinate Bench of the Karnataka High Court, which had held that the demand, collection and refund of FDT would remain subject to the final outcome of certain pending proceedings.
The Court noted that the provisions of Chapter XI-A of the Karnataka Forest Act, including Sections 98-A and 98-B, under which FDT was levied, had earlier been declared ultra vires by the Karnataka High Court in B. Rudragouda v. State of Karnataka. However, the decision was under challenge before the Supreme Court, where an interim order had been passed restricting refund.
High Court's Key Findings
The Court observed that:
- The demand and collection of FDT were based on provisions that had been declared ultra vires by the High Court.
- The relevant decisions were still pending consideration before the Supreme Court and the Karnataka High Court.
- Interim orders were already operating in the pending proceedings concerning demand, collection and refund of FDT.
Accordingly, the Court held that it would be appropriate to keep the issue subject to the final outcome of the pending appeals and civil appeals rather than take a contrary view.
Final Decision
The writ petition was allowed. The High Court directed that the demand, collection and refund of Forest Development Tax would be subject to the final outcome of:
- W.A. No. 743/2021 and connected matters pending before the Karnataka High Court; and
- C.A. Nos. 3974-4068/2016 and C.A. Nos. 3214-3271/2018 pending before the Supreme Court.
The authorities were directed to take further action only after disposal of the pending proceedings, including issuing fresh demands or processing refunds, as applicable.
This AI-generated summary is for informational purposes only. Please view attached original judgment for the complete text and authoritative interpretation.
FAQ :
The Forest Development Tax (FDT) is a tax levied under Chapter XI-A of the Karnataka Forest Act, specifically Sections 98-A and 98-B.
The main issue was whether the demand, collection, and refund of FDT should proceed while the legal validity of the FDT provisions is still being decided by higher courts.
The High Court decided that the demand, collection, and refund of FDT must remain subject to the final outcome of pending appeals before the Karnataka High Court and the Supreme Court.
The provisions under which FDT was levied were previously declared ultra vires by the High Court, and these decisions are currently under challenge in the Supreme Court.
FDT collection is subject to the outcomes of W.A. No. 743/2021 and connected matters in the Karnataka High Court, and C.A. Nos. 3974-4068/2016 and C.A. Nos. 3214-3271/2018 in the Supreme Court.
Authorities can only take further action, such as issuing new demands or processing refunds, after the pending legal proceedings have been disposed of.