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Gift-tax Act, 1958 [Cease to Have Effect on or After the 01.10.1998] Chapter V

Title: Liability to Assessment in Special Cases

State: Central

Year: 1958

.....by Act 4 of 1988, sec. 161, for "Gift-tax Officer" w.e.f. 1-4-1988. 5. Substituted by Act 4 of 1988, sec. 186(1)(a)(i), for "a return under sub-section(2) of section 13" w.e.f. 1-4-1989. 6. Substituted by Act 4 of 1988, sec. 186 (1)(a)(ii), for "as if the notice were a notice issued under sub-section (2) of section 13" w.e.f. 1-4-1989. 7. Substituted by Act 4 of 1988, sec. 186 (1)(b), for "sub-section (2) of Section 13" w.e.f. 1-4-1988. Section 20 - Assessment after partition of a Hindu undivided family (1) Where, at the time of making an assessment, it is brought to the notice of the1[Assessing Officer] that a partition has taken place among the members of a Hindu undivided family, and the1[Assessing Officer], after enquiry is satisfied that the joint family property has been partitioned among the various members or groups of members in definite portions, he shall record an order to that effect and he shall make assessments2[on the value of the taxable gifts] made by the family as such as if no partition has taken place and each member or group of members shall be liable jointly and severally for the tax assessed on the value of the taxable gifts made by the joint.....

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Karnataka Entertainments Tax Act, 1958 Section 12A

Title: Summary Disposal of Certain Cases

State: Karnataka

Year: 1958

Section 12A - Summary disposal of certain cases 1 [12A. Summary disposal of certain cases (1) A court taking cognizance of an offence under sub-clause (ii) of clause (b) of sub-section (1) of section 12 shall state upon the summons to be served on the accused person that he may by a specified date prior to the hearing of the charge, plead guilty to the charge by registered letter and remit to the court such sum not exceeding two hundred rupees as the court may specify. (2) Where an accused person pleads guilty and remits the sum specified under sub-section (1), the court may proceed to hear and dispose of the case in the absence of the accused, whether or not the prosecutor is also absent in like manner as if both parties had appeared and the accused had pleaded guilty. _______________________________ 1. Inserted by Act 31 of 1969 w.e.f. 20.11.1969.

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Probation of Offenders Act, 1958 (20 of 1958). Section 9

Title: Procedure in Case of Offender Failing to Observe Conditions of Bond

State: Central

Year: 1958

(1) If the court which passes an order under section 4 in respect of an offender or any court which could have dealt with the offender in respect of his original offence has reason to believe, on the report of a probation officer or otherwise, that the offender has failed to observe any of the conditions of the bond or bonds entered into by him, it may issue a warrant for his arrest or may, if it thinks fit, issue a summons to him and his sureties, if any, requiring him or them to attend before it at such time as may be specified in the summons. (2) The court before which an offender is so brought or appears may either remand him to custody until the case is concluded or it may grant him bail, with or without surety, to appear on the date which it may fix for hearing. (3) If the court, after hearing the case, is satisfied that the offender has failed to observe any of the conditions of the bond or bonds entered into by him, it may forthwith-- (a) sentence him for the original offence; or (b) where the failure is for the first time, then, without prejudice to the continuance in force of the bond, impose upon him a penalty not exceeding fifty rupees. (4) If a penalty.....

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Merchant Shipping Act, 1958 Section 174

Title: Expenses of Medical Attendance in Case of Illness

State: Central

Year: 1958

.....his maintenance while away from the ship, shall be defrayed in like manner. (3) The expenses of all medicines, and surgical and medical advice, attendance and treatment, given to a master, seaman or apprentice while on board his ship, shall be defrayed in like manner. (4) In all other cases any reasonable expenses duly incurred by the owner for any master, seaman or apprentice in respect of illness, shall, if proved to the satisfaction of the Indian consular officer or a shipping master, be deducted from the wages of the master, seaman or apprentice. (5) Where any expenses referred to in this section have been paid by the master, seaman or apprentice himself, the same may be recovered as if they were wages duly earned, and if any such expenses are, paid by the Government, the amount shall be a charge upon the ship and may be recovered with full costs of suit by the Central Government.

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Bombay Motor Vehicles [Taxation of Passengers] Act, 1958, (Maharashtra) Section 10

Title: Restrictions on the Use of Stage Carriages in Certain Cases

State: Maharashtra

Year: 1958

No stage carriage 1[shall be used for the carriage of passengers on any road in the State]- (a) in case any tax or penalty payable in respect thereof remains unpaid for more than fifteen days after the notice of demand referred to in section 9 has been served on the operator, until such tax or penalty is paid, or (b) in case the returns required by section 4 have not been submitted, if daily returns are required, for more than seven days, and if returns at less frequent intervals have been prescribed, for such number of times and during such period as may be prescribed, until the returns are submitted : Provided that, the Tax Officer may, if the operator proves to his satisfaction that the failure to submit the returns referred to in clause (b) was not deliberate, exempt the stage carriage from the operation of that clause. ____________________ 1. These words were substituted for the words “shall be used on any public road in the State” by Mah. 9 of 1989, section 6.

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Gift-tax Act, 1958 [Cease to Have Effect on or After the 01.10.1998] Section 21

Title: Liability in Case of Discontinued Firm or Association of Persons

State: Central

Year: 1958

.....in the course of any proceedings under this Act in respect of any such firm or other association of persons as is referred to in sub-section (1) is satisfied that the firm or association is guilty of any of the acts specified in clause (a) or clause (b) or clause (c) of sub-section (1) of section 17, he or it may impose or direct the imposition of a penalty in accordance with the provisions of that section. (3) Every person who was at the time of such discontinuance or dissolution a partner of the firm or a member of the association, as the case may be, shall be jointly and severally liable for the amount of tax or penalty payable, and all the provisions of Chapter VII, so far as may be, shall apply to any such assessment or imposition penalty. ___________________________________ 1. Substituted by Act 4 of 1988, sec. 161, for "Gift-tax Officer" w.e.f. 1-4-1988. 2. Substituted by Act 4 of 1988, sec. 161, for "Appellate Assistant Commissioner" w.e.f. 1-4-1988. 3. Inserted by Act 29 of 1977, sec. 39 and Sch V, Pt.III w.e.f. 10-7-1978.

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Bombay Motor Vehicles Tax Act, 1958, (Maharashtra) Section 12A

Title: Restrictions on Use of Motor Vehicles in Certain Cases

State: Maharashtra

Year: 1958

1[No motor vehicle used or kept for use in the State shall be used on any road in the State in case any tax payable in respect thereof remains unpaid more than thirty days after it has become due under the provisions of this Act, until 2[the tax and interest, if any, due] is paid. _________________ 1. Sections 12-A and 12-B were inserted by Mah. 43 of 1969, section 7. 2. These words were substituted for the words the tax by Mah. 22 of 1979, section 11.

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Karnataka Entertainments Tax Act, 1958 Section 8

Title: Refunds in Certain Cases

State: Karnataka

Year: 1958

Section 8 - Refunds in certain cases 1[(1)] Where the State Government is satisfied that the whole of the net proceeds of an entertainment are devoted to philanthropic, religious or charitable purposes, and that in calculating the net proceeds, not more than twenty-five per cent of the gross proceeds have been deducted on account of the expenses of the entertainment, it shall, by order, direct repayment to the proprietor the amount of the entertainments tax paid in respect of the entertainment. 2[(2) Subject to such rules as may be made, where the State Government is satisfied that any performance of a cinematograph show could not be completed on account of failure of electric power or mechanical break down and that the proprietor has returned the payments for admission to the persons admitted to such performance, it may, by order, direct repayment to the proprietor the amount of entertainment tax paid by him in respect of such performance] _________________________ 1. Re-numbered by Act 36 of 1976 w.e.f. 1.4.1976. 2. Inserted by Act 36 of 1976 w.e.f. 1.4.1976

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Karnataka Court-fees and Suits Valuation Act, 1958 Section 64

Title: Refund in Cases of Remand

State: Karnataka

Year: 1958

.....direct the refund to the appellant of the full amount of fee paid on the memorandum of appeal; and, if the remand is on second appeal, also on the memorandum of appeal in the first appellate court. (2) Where an appeal is remanded in second appeal for a fresh decision by the lower appellate court, the High Court remanding the appeal may direct the refund to the appellant of the full amount of fee paid on the memorandum of second appeal: Provided that, no refund shall be ordered if the remand was caused by the fault of the party who would otherwise be entitled to a refund: Provided further that, if the order of remand does not cover the whole of the subject matter of the suit, the refund shall not extend to more than so much fee as world have been originally payable on that part of the subject-matter in respect whereof the suit has been remanded.

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Karnataka Court-fees and Suits Valuation Act, 1958 Section 58

Title: Provision for Cases Where Too Law a Fee Hasbeen Paid

State: Karnataka

Year: 1958

.....not exceeding five times such fee. (4) If, after the grant of probate or letters of administration of an estate, it is found by the Deputy Commissioner as a result of proceedings under section 56 or section 57 or otherwise, that a less fee has been paid than was payable according to the true value of the estate, he shall3[cause the deficit fee to be recovered], and if he is satisfied that the original undervaluation was not bona fide he shall levy in addition a penalty not exceeding five times the deficit fee. (5) The Chief Controlling Revenue Authority may remit the whole or any part of the amount forfeited under sub-section (2) or of any penalty under sub-section (3) or sub-section (4). ____________________ 1. Substituted by Act No. 10 of 2003, w.e.f. for the words "cause the probate or letters to be duly stamped." 2. Substituted by Act No. 10 of 2003, w.e.f. 1-4-2003 for the words "cause the probate or letters to be duly stamped on payment of the deficit fee" 3. Substituted by Act No. 10 of 2003, w.e.f. 1-4-2003 for the words "cause the probate or letters to be properly stamped on payment of the deficit fee"

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