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Start Free TrialKarnataka Sales Tax Act, 1957 Section 43
Title: Assessments to Tax or Taxes in Certain Cases
State: Karnataka
Year: 1957
.....is not less than the turnover specified under sub-section (5) of section 5 or section 6B, as amended by the Karnataka Sales Tax (Amendment) 14 [Act, 1987 (Karnataka Act 14 of 1987)], it shall be assessed to tax in accordance with the provisions of this Act. Where the returned turnover is less than the turnover specified under the said sections, then, notwithstanding anything contained in this Act, such returned turnover shall be assessed to tax under this Act, if the turnover of the dealer for the year immediately preceding the assessment year referred to in clause (i) was not less than the turnovers specified under the said sections. (iii) (a) Notwithstanding anything contained in this Act, in the case of a dealer permitted to pay any amount by way of composition under section 17, such dealer shall pay the amount due for the period ending 31st day of March, 14 [1989] at the rates permitted in form 8-A and his assessment shall be completed as specified in clause (b). (b) Where the assessing authority is satisfied that the returnedturnover is correct and complete or where the returned turnover appears to the assessing authority to be incorrect and incomplete, after.....
View Complete Act List Judgments citing this sectionKarnataka Stamp Act, 1957 Chapter V
Title: Allowances for Stamps in Certain Cases
State: Karnataka
Year: 1957
.....the enquiry to be made, the1[Deputy Commissioner] may, on application made within the period prescribed in Section 48, and if he is satisfied as to facts, make allowance for impressed stamps spoiled in the cases hereinafter mentioned namely:- (a) the stamp on any paper inadvertently and undesignedly spoiled, obliterated or by any error in writing or any other means rendered unfit for the purpose intended before any instrument written thereon is executed by any person; (b) the stamp on any document which is written out wholly or in part, but which is not signed or executed by any party thereto; (c) the stamp used for an instrument executed by any party thereto which, - (1) has been afterwards found to be absolutely void in law from the beginning; (2) has been afterwards found unfit, by reason of any error or mistake therein, for the purpose originally intended; (3) by reason of the death of any person by whom it is necessary that it should be executed, without having executed the same, or of the refusal of any such person to execute the same, cannot be completed so as to effect the intended transaction in the form proposed; (4) for want of the execution thereof by.....
View Complete Act List Judgments citing this sectionKarnataka Land Reforms Act, 1961 Section 81
Title: Sections 79a, 79b, and 80 Not to Apply in Certain Cases
State: Karnataka
Year: 1961
.....sale of any land or interest therein referred to in clause (b) in enforcement of the said security; (d) the sale of any land in favour of a sugar factory for purposes of research of seed farm or sale in favour of the Coffee Board constituted under the Coffee Act, 1942 (Central Act 7 of 1942). (2) The institutions referred to in clause (b) of sub-section (1) acquiring land or interest therein shall dispose of the same by sale, within the prescribed period: Provided that pending such sale the land may be leased for a period not exceeding one year at a time and the lease shall stand determined when the land is sold or on the expiry of one year, whichever is earlier and notwithstanding anything to the contrary in this Act or in any other law for the time being in force the lessee shall not be entitled to any right other than as such lessee in the land. (3) Any sale by the institution under this section shall be subject to the other provisions of this Act.] _______________________________ 1. Substituted by Act 1 of 1974 w.e.f. 1.3.1974. 2. Inserted by Act 20 of 2003 w.e.f. 23.4.2003. 3. Inserted by Act 31 of 1991 w.e.f. 1.1.1988. 4. Substituted by Act 1 of 1979.....
View Complete Act List Judgments citing this sectionKarnataka Land Revenue Act, 1964 Section 94A
Title: Regularisation of Certain Cases of Unauthorised Occupation by Constituting Committee Etc
State: Karnataka
Year: 1964
.....Revenue (Amendment) Act, 1994.] Provided that nothing in this section shall apply to Forest lands, plantation lands or lands referred to in sub-section (2) of section 79. Explanation.--For the purpose of this section, 'D' class of land means 'D' class of land or an extent equivalent thereto consisting of one or more classes of land, as specified and determined in accordance with the formula in Schedule I to the Karnataka Land Reforms Act, 1961. (5) The amount payable for the grant of land under sub-section (1) 3 [sub-section (2A)] shall be such as may be prescribed. (6) Notwithstanding anything contained in the preceding sub-section,-- 4 [(a) The Tahsildar concerned shall issue the order of grant of land, on the recommendations of the committee or additional committee, as the case may be, if any, and issue the saguvali chit. The amount payable, if any, shall be paid in three equal instalments of which the first one shall be paid before the expiry of a period of thirty days from the date of communication of the order of grant and the remaining two within such period as may be prescribed; and] 5 [(b) x x x] (c) the trees, if any, standing on the land granted and.....
View Complete Act List Judgments citing this sectionKarnataka Land Revenue Act, 1964 Section 94B
Title: Grant of Land in Certain Cases
State: Karnataka
Year: 1964
.....fit, that a person,-- (i) has, prior to the fourteenth day of April 1990 un--authorisedly occupied any land including land referred to in sub-section (2) of section 79 from which he is liable to be evicted under section 94; and (ii) being eligible to grant of such land under section 94A has failed to apply for such grant under sub-section (4) of the said section within the period specified therein; and Provided that nothing in this clause shall apply to a person who has become eligible for grant of land by virtue of the Karnataka Land Revenue (Amendment) Act, 1997; (iii) has continued to be in actual possession of such land on the date of commencement of the Karnataka Land Revenue (Amendment) Act, 1997: --he may 2 [within three years from the date of commencement of the Karnataka Land Revenue (Amendment) Act, 2000] and subject to such rules, as may be prescribed make recommendations to the Committee or the Additional Committee, as the case may be constituted under section 94A and such Committee may on receipt of the recommendation grant the land to such person: Provided that if an application made under section 94A by any other person for grant of the same land is.....
View Complete Act List Judgments citing this sectionKarnataka Rent Control Act, 2001 Section 69
Title: Transfer of Pending Cases
State: Karnataka
Year: 2001
On the commencement of this Act,- (1) all cases pertaining to matters in respect of which the Controller shall have jurisdiction under this Act and pending in the Court under the Karnataka Rent Control Act, 1961 shall stand transferred to the Controller and the Controller may proceed to hear such cases either de-novo or from the stage it was at the time of such transfer. (2) all cases pertaining to matters in respect of which the Court shall have jurisdiction under this Act and pending before the Controller under the Karnataka Rent Control Act, 1961 shall stand transferred to the Court and the Court may proceed to hear such cases either de-novo or from the stage, it was at the time of such transfer.
View Complete Act List Judgments citing this sectionKarnataka Motor Vehicles Taxation Act, 1957 Section 10
Title: Levy of Tax, Etc., in the Case of Fleet Owner
State: Karnataka
Year: 1957
.....the Commissioner of Transport as not used for a period of one calender month or more subject to the condition that the fleet owner has intimated the fact of non-user of the motor vehicle to the Commissioner for Transport within seven days of the date of commencement of the period of non-user.] (g) Within thirty days of the transfer of ownership of any of histransport vehicles, the fleet owner shall report the transfer to the 4 [taxation authority]. (h) The 4 [taxation authority] may, for the purposes of this section, require the fleet owner to produce before him any transport vehicle or any accounts, registers, records, or other documents or to furnish any information or may examine the vehicles or the accounts, registers, records or other documents and the fleet owner shall comply with any such requirement made of him. _______________________________ 1. Substituted by Act 8 of 1986 w.e.f. 1.4.1986. 2. Substituted by Act 8 of 1997 w.e.f. 1.4.1997. 3. Substituted by Act 5 of 1999 w.e.f. 1.4.1999. 4. Substituted by Act 38 of 1976 w.e.f. 1.1.1977. 5. Substituted by Act 7 of 1995 w.e.f. 1.4.1995. 6. Omitted by Act 38 of 1976 w.e.f. 1.1.1977. 7. Inserted by Act 39.....
View Complete Act List Judgments citing this sectionKarnataka Land Revenue Act, 1964 Section 139
Title: Procedure in Case of Disagreement or Dispute
State: Karnataka
Year: 1964
(1) If in any two or more adjoining villages, one or more Panchayats are established under the1[Karnataka] Village Panchayats and Local Boards Act, 1959, and such Panchayat or Panchayats do not agree to fix the boundaries of their respective villages in the manner prescribed in section 138, or if there be any pending dispute regarding the boundary, the officer determining the boundary shall make a survey and plan of the ground in dispute, showing the land claimed by the contending parties and all particulars relating thereto and shall, after a formal inquiry into the claims of the said parties decide the boundary of the respective villages. (2) If the officer deciding the boundary is the1[Joint Director of Land Records], his decision, and in any other case, subject to an appeal to the1[Joint Director of Land Records], the decision of the officer deciding the boundary under sub-section (1) shall be final. _______________________________ 1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
View Complete Act List Judgments citing this sectionAppellate Tribunal Act, 1976 Section 8A
Title: Revision by the High Court in Certain Cases
State: Karnataka
Year: 1976
.....in accordance with the provisions of the Karnataka Sales Tax Act, 1957. (7) (a) The High Court may, on the application of either party to the petition, review any order passed by it under sub-section (4) on the basis of facts which were not before it when it passed the order. (b) The application for review shall be preferred within such time and in such manner as may be prescribed, and shall, where it is preferred by any person other than an officer empowered by the State Government, be accompanied by a fee of one hundred rupees. (8) With a view to rectifying any mistake apparent from the record, the High Court may, at any time, within five years from the date of the order passed by it under sub-section (4) amend such order : Provided that no order under this sub-section shall be made without giving both parties affected by the order a reasonable opportunity of being heard. (9) In respect of every petition preferred under sub-section (1) or (7), the costs shall be in the discretion of the HighCourt.] ________________________ 1. Section 8A inserted by Act 59 of 1976 w.e.f. 31.07.1976.
View Complete Act List Judgments citing this sectionKarnataka Sales Tax Act, 1957 Section 19
Title: Deduction of Tax at Source in Other Cases
State: Karnataka
Year: 1957
.....(2), the authority making deductions under sub-section (1) shall pay by way of penalty a sum equal to the penalty specified under clause (ii) of sub-section (2) of section 13 during the period in which such default is continued.] (3) The authority making deduction under sub-section (1) shall furnish to the dealer from whom such deduction is made, a certificate obtained from the prescribed authority containing such particulars as may be prescribed. (4) Payment by way of deduction in accordance with sub-section (1) shall be without prejudice to any other mode of recovery of tax due under this Act from the dealer effecting the sales to the authorities mentioned in subsection (1). (5) Where tax in respect of the purchases is remitted under sub-section(2), the tax payable by the dealer for any month, quarter or for the whole year, as the case may be, in respect of such sales shall be reduced by the amount of tax already remitted under the said sub-section: Provided that the burden of proving that the tax on such sales has already been remitted and of establishing the exact quantum of tax so remitted shall be on the dealer claiming the reduction.] .....
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