Title : Income Escaping Assessment
State : Karnataka
Year : 1957
36. Income escaping assessment If for any reason any agricultural income chargeable to tax under this Act has escaped assessment in any financial year or has been assessed at too low a rate, the1 [Assistant Commissioner of Agricultural Income-tax], may, 2 [at any time within fiveyears] of the end of that year serve on the person liable to pay the tax or in the case of a company on the principal officer thereof, a notice containing all or any of the requirements which may be included in a notice under sub-section (2) of section 18 and may proceed to assess or re-assess such income and the provisions of this Act shall, so far as may be, apply accordingly as if the notice were a notice issued under that sub-section: Provided that the tax shall be charged at the rate at which it would..... View Complete Act List Judgments citing this sectionTitle : Power to Call for Information
State : Karnataka
Year : 1957
The1[Assistant Commissioner of Agricultural Income-tax] or the1[Joint Commissioner] may for the purposes of this Act,-- (i) require any firm to furnish a return of the names of all the members of the firm, their addresses and such other particulars as may be required for the purposes of assessment; (ii) require any person whom he has reason to believe to be a trustee, guardian or agent, to furnish him with a return of the names of the persons for or of whom he is trustee, guardian or agent and of their addresses. 2[(iii) require any coffee curing works to furnish such particulars as he may require in respect of the transaction of any assessee with such coffee curing works.] _________________________ 1. Substituted by Act 5 of 1993 w.e.f. 9.11.1992. 2. Inserted by Act 38 of..... View Complete Act List Judgments citing this sectionTitle : Appearance by Authorised Representative
State : Karnataka
Year : 1957
(1) Any assessee who is entitled or required to attend before any Agricultural Income-tax Authority in connection with any proceeding under this Act otherwise than when required under section 38 to attend personally for examination on oath or affirmation, may attend either in person or by any person duly authorised by him in writing in this behalf being a relative or a person wholly or principally employed in the service of the assessee or a lawyer or an accountant or an Income-tax practitioner1[or a Sales Tax Practitioner] and not being disqualified on the ground of misconduct by or under any law or under any order of Government. (2) No person who has been dismissed from Government service shall be qualified to represent an assessee under sub-section (1); and if any lawyer or..... View Complete Act List Judgments citing this sectionTitle : Carrying Forward of Loss
State : Karnataka
Year : 1957
Where any person sustains a loss in agricultural income in any year, the loss shall be carried forward to the following year and set off against the agricultural income for that year and if it cannot be wholly so set off, the amount of loss not so set off shall be carried forward to the following year and so on; but no loss shall be carried forward for more than six years1[subject to the condition that the return of loss in the prescribed form and verified in the prescribed manner and containing such other particulars as may be prescribed is filed well within the period specified in sub-section (1) of section 18 or within the such extended time granted by the Assistant Commissioner of Agricultural Income Tax or the Deputy Commissioner of Agricultural Income Tax as the case may be is..... View Complete Act List Judgments citing this sectionTitle : Power to Make Provisional Assessment in Advance of Regular Assessment
State : Karnataka
Year : 1957
(1) The1[Assistant Commissioner of Agricultural Income-tax] may, at any time after the receipt of a return made under section 18, proceed to make in a summary manner, a provisional assessment of the tax payable by the assessee, on the basis of his return and the accounts and documents, if any, accompanying it, after giving due effect to (i) the allowance referred to in paragraph (2) of the proviso to clause (c) of section 5, and (ii) any loss carried forward under section 15. (2) A partner of a firm may be provisionally assessed under sub-section (1) in respect of his share in the firm's income, profits and gains, if its return has been received, although the return of the partner himself may not have been received. (3) There shall be no right of appeal against a provisional..... View Complete Act List Judgments citing this sectionTitle : Power to Take Evidence on Oath, Etc.
State : Karnataka
Year : 1957
The Commissioner, 1 [Joint Commissioner,] and the 1 [Assistant Commissioner of Agricultural Income-tax] shall, for the purposes of this Chapter, have the same powers as are vested in a Court under the Code of Civil Procedure, 1908 (Central Act V of 1908), when trying a suit, in respect of the following matters, namely:-- (a) enforcing the attendance of any person and examining him on oath or affirmation; (b) compelling the production of documents; and (c) issuing commissions for the examination of witnesses; and any proceeding before the Commissioner, 2 [1 [Additional Commissioner]] 1 [Joint Commissioner] or 1 [Assistant Commissioner of Agricultural Income-tax] shall be deemed to be a "Judicial proceeding" within the meaning of sections 193 and 228 and for the purposes of section..... View Complete Act List Judgments citing this sectionTitle : Power to Withhold Refund in Certain Cases
State : Karnataka
Year : 1957
1[45A. Power to withhold refund in certain cases (1) Where an order giving rise to a refund is the subject matter of an appeal or further proceedings or where any other proceeding under this Act is pending, and the2[Assistant Commissioner of Agricultural Income-tax] is of the opinion that the grant of the refund is likely to adversely affect the revenue, the2[Assistant Commissioner of Agricultural Income-tax] may, with the previous approval of the2[Joint Commissioner], withhold the refund till such time as the2[Joint Commissioner] may determine. (2) Where a refund is withheld under the provisions of sub-section (1), the State Government shall pay to the assessee simple interest at3[twelve per cent] per annum on the amount of refund ultimately determined to be due as a result of the..... View Complete Act List Judgments citing this sectionTitle : Composition of Agricultural Income Tax
State : Karnataka
Year : 1957
1 [66. Composition of Agricultural Income Tax (1) Where the total extent of land under plantation crop 2 [held by any person (other than a company) does not exceed one hundred and fifty acres] 3 [x x x] such person may 4 [subject to such rules as may be prescribed] apply to the prescribed Officer for permission to compound the agricultural income tax payable by him and to pay in lieu thereof a lumpsum at the rate specified in 5[in the Tables below]. 6 [7 [TABLE I] Sl. No. Extent of land Rate of lumpsum Payable 1) Where the extent of land does not exceed 15 acres. Nil. 2) Where the extent of land exceeds 15 acres but does not exceed 20 acres. Rs. 750/- per acre after 15 acres. 3) ..... View Complete Act List Judgments citing this sectionTitle : Application of the Act
State : Karnataka
Year : 1957
Save as hereinafter provided, this Act shall apply to all agricultural income derived1[x x x] in the2[State of Karnataka] by any person whether resident in the State or not. ________________________ 1. Omitted by Act 14 of 1983 w.e.f. 1.12.1982 2. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.1.1973 View Complete Act List Judgments citing this sectionTitle : Short Title, Extent and Commencement
State : Karnataka
Year : 1957
(1) This Act may be called the1[Karnataka] Agricultural Income-tax Act, 1957. (2) It extends to the whole of the1[State of Karnataka]. (3) This section shall come into force at once, and the remaining sections of this Act shall come into force on such2[date] as the State Government may by notification in the Official Gazette appoint. ________________________ 1.Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973. 2.Act came into force on 1.10.1957 by notification Text of the notification is at the end of the Act. View Complete Act List Judgments citing this section