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Companies Profits Surtax Act 1964 Section 2

Title: Definitions

State: Central

Year: 1964

.....accordance with the provisions of the First Schedule; (6) "Income-tax Act" means the Income-tax Act, 1961. (7) "prescribed" means prescribed by rules made under this Act; 2[(7-A) "regular assessment" means as assessment made under section 6.] (8) "Statutory deduction" means an amount equal to3[fifteen per cent] of the capital of the company as computed in accordance with the provisions of the Second Schedule, or an amount of two hundred thousand rupees, whichever is greater: Provided that where the previous year is longer or shorter than a period of twelve months, the aforesaid amount of c[fifteen per cent] or, as the case may be, of two hundred thousand rupees shall be increased or decreased proportionately: Provided further that where a company has different previous years in respect of its income, profits and gains, the aforesaid increase or decrease, as the case may be, shall be calculated with reference to the length of the previous year of the longest duration; and (9) all other words and expressions used herein but not defined and defined in the Income-tax Act shall have the meanings respectively assigned to them in that Act. ________________________ 1......

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Karnataka Municipalities Act, 1964 Section 143

Title: Distress

State: Karnataka

Year: 1964

.....within thirty days from the service of such notice of demand, either, -- (a) pay the sum demanded in the notice, or (b) show cause to the satisfaction of the municipal council, or of such officer as the municipal council by rule may appoint in this behalf, or of the Municipal Commissioner or Chief Officer, if any, why he should not pay the same, or (c) prefer an appeal in accordance with the provisions of section 150 against the demand, he shall be deemed to be in default, and thereupon such sum not exceeding twenty per cent of the amount of the tax as may be determined by the Municipal Commissioner or the Chief Officer, may be recovered from him by way of penalty, in addition to the amount of tax as an arrear of tax; and the tax and penalty with all costs of the recovery may be levied under a warrant caused to be issued by the municipal council in the form set forth in Schedule XI or to the like effect, by distress and sale of the movable property or attachment and sale of the immovable property of the defaulter: Provided that where any measures precautionary or otherwise have been taken in respect of any such property for the recovery of any sum claimed by the.....

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Karnataka Municipalities Act, 1964 Section 171

Title: Alteration or Demolition of Extension, Lay-out or Street

State: Karnataka

Year: 1964

.....or not the offender be prosecuted under this Act, by notice, -- (a) require the offender to show sufficient cause, by a written statementsigned by him and sent to the municipal council on or before such day as may be specified in the notice, why such extension, lay-out or street should not be altered to the satisfaction of the municipal council or if such alteration be deemed impracticable by the municipal council, why such extension, layout or street should not be demolished, or (b) require the offender to appear before the municipal council eitherpersonally or by a duly authorised agent in such way and at such time and place as may be specified in the notice and show cause as aforesaid. (2) If any person on whom such notice is served, fails to show sufficientcause to the satisfaction of the municipal council why such extension, layout or street should not be so altered or demolished, the municipal council may pass an order directing the alteration demolition of such extension, layout or street.

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Karnataka Municipalities Act, 1964 Section 170

Title: Forming of New Extensions or Layouts or Making New Private Streets

State: Karnataka

Year: 1964

.....considers necessary to enable it to deal finally with the said application. (8) If the municipal council does not refuse sanction within six months from the date of receipt of the application under sub-section (2), or from the date of receipt of all information asked for under sub-section (7), such sanction shall be deemed to have been granted and the applicant may proceed to form the extension or layout or to make the street but not so as to contravene any of the provisions of this Act or the rules or bye-laws made under it. (9) Any person who forms or attempts to form any extension or lay-outin contravention of the provisions of sub-section (1), or makes any street without or otherwise than in conformity with the orders of the municipal council under this section, shall be punished with fine which may extend to one thousand rupees.

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Karnataka Municipalities Act, 1964 Section 164

Title: Powers and Duties of Arbitrator

State: Karnataka

Year: 1964

(1) The arbitrator shall give notice of his proceedings and conduct them in the manner prescribed and communicate the substance of his award in writing to the parties concerned: Provided that every party to such proceedings shall be entitled to appear before the arbitrator either in person or by his authorised agent. (2) The arbitrator shall have all the powers of a civil court under the Code of Civil Procedure, 1908 (Central Act V of 1908), for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and compelling the production of documents and other material objects. (3) The costs of and incidental to all proceedings before the arbitrator shall be in his discretion and the arbitrator shall have full power to determine by whom or out of what property and to what extent such costs are to be paid and to give all necessary directions for the purpose.

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Karnataka Municipalities Act, 1964 Chapter VIII

Title: Improvement Schemes and Improvement Boards

State: Karnataka

Year: 1964

..... flagging, channelling, sewering, draining, conserving and lighting the streets and for adequate drinking water supply. (3) The provisions of this Act and of any rules or bye-laws made under itas to the level and width of streets and the height of buildings abutting thereon, shall apply also in the case of streets referred to in sub-section (2) and all the particulars referred to in that sub-section shall be subject to the approval of the municipal council. (4) Within six months after the receipt of any application under sub-section(2), the municipal council shall either sanction the forming of the extension or lay-out or making of street on such conditions as it may think fit or disallow it, or ask for further information with respect to it. (5) The municipal council may require the applicant to deposit, before sanctioning the application, the sums necessary for meeting the expenditure for making roads, side-drains, culverts, underground drainage and water supply and lighting and the charges for such other purposes as such applicant may be called upon by the municipal council, provided the applicant also agrees to transfer the ownership of the roads, drains, water supply.....

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Karnataka Municipalities Act, 1964 Section 146

Title: Sale Outside the District

State: Karnataka

Year: 1964

Where the warrant is addressed outside the1[municipal area], the Municipal Commissioner or Chief Officer may, by endorsement direct the officer to whom the warrant is addressed, to sell the property distrained or attached; in such case it shall be lawful for such officer to sell the property and to do all things incidental to the sale in accordance with the provisions of sections 144 and 145 and to exercise the powers and perform the duties of the Municipal Commissioner or Chief Officer under sub-sections (1) and (2) of section 144 in respect of such sale except the power of suspending the warrant. Such officer shall, after deducting all costs of recovery incurred by him, remit the amount recovered under the warrant to the Municipal Commissioner or Chief Officer by whom it was issued who shall dispose of the same in accordance with the provisions of section 144. _______________________________ 1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.

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Karnataka Municipalities Act, 1964 Section 145

Title: Procedure in Respect of Sales, Etc.

State: Karnataka

Year: 1964

.....provided in sub-section (11), no sale shall be set aside on the ground of any such irregularity or mistake, unless the applicant proves to the satisfaction of the Municipal Commissioner or Chief Officer that he has sustained substantial injury by reason thereof. If the application is allowed, the Municipal Commissioner or Chief Officer shall set aside the sale and direct a fresh sale. (11) On the expiration of thirty days from the date of sale, if no applications made under sub-section (9) or sub-section (10), or if an application made under sub-section (10) is rejected, the Municipal Commissioner or Chief Officer shall make an order confirming the sale: Provided that if the Municipal Commissioner or Chief Officer considers that in the interest of justice the sale should be set aside for any reason, he may, for reasons to be recorded in writing and on such conditions as he may deem proper set aside the sale. (12) Whenever the sale of any property is not confirmed or is set a side , the purchaser shall be entitled to refund of his deposit or purchase money, as the case may be. (13) If any claim to any movable property distrained under this Chapter's made by any person,.....

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Karnataka Municipalities Act, 1964 Chapter VII

Title: Recovery of Municipal Claims

State: Karnataka

Year: 1964

..... 2. Omitted by Act 21 of 1979 w.e.f. 31.3.1979. Section 143 - Distress (1) If the person on whom a notice of demand has been served under sub-section (3) of section 142, does not within thirty days from the service of such notice of demand, either, -- (a) pay the sum demanded in the notice, or (b) show cause to the satisfaction of the municipal council, or of such officer as the municipal council by rule may appoint in this behalf, or of the Municipal Commissioner or Chief Officer, if any, why he should not pay the same, or (c) prefer an appeal in accordance with the provisions of section 150 against the demand, he shall be deemed to be in default, and thereupon such sum not exceeding twenty per cent of the amount of the tax as may be determined by the Municipal Commissioner or the Chief Officer, may be recovered from him by way of penalty, in addition to the amount of tax as an arrear of tax; and the tax and penalty with all costs of the recovery may be levied under a warrant caused to be issued by the municipal council in the form set forth in Schedule XI or to the like effect, by distress and sale of the movable property or attachment and sale of the immovable.....

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Karnataka Municipalities Act, 1964 Section 174

Title: Property, Finance, Powers, Etc., of Improvement Board

State: Karnataka

Year: 1964

.....modifications as may be specified in the notification.-- (i) the powers and functions of the municipal council or a committee thereof under this Act, and the rules and bye-laws made thereunder shall be exercised and discharged by the Board; and (ii) the powers and functions of the Municipal Commissioner or Chief Officer of the municipal council under this Act, shall be exercised and discharged by the Chairman of the Board: Provided that the municipal council shall be consulted before making such declaration. (b) On the making of a declaration under clause (a), notwithstanding anything contained in any other provision of this Act, the municipal council or any Committee thereof or the Municipal Commissioner or the Chief Officer of the municipal council shall not be competent to exercise or discharge the powers or functions conferred or imposed on the Board or the Chairman of the Board, as the case may be, by such declaration. (8) (a) The Government, after consulting the municipal council shall, on being satisfied that any street formed by the Improvement Board has been duly levelled, paved, metalled, flagged, channelled, drained and sewered in the manner provided for in.....

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