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Repatriation of Prisoners Act, 2003 Section 8

Title: Provision to Issue Warrant for Transfer

State: Central

Year: 2003

..... (2) Upon the presentation of a warrant referred to in sub-section (1), the officer in charge of the prison shall forthwith comply with the warrant and obtain, thereon the signature of the person to whom delivery of the prisoner, records and the personal effects relating to the prisoner to be removed from the prison is given. (3) After delivery of the prisoner to the person authorised by the contracting State under sub-section (2), the officer in charge of the prison transferring the prisoner shall forward a copy of the warrant to the court which committed the prisoner to the prison, along with a statement that the prisoner has been delivered to the person authorised by the contracting State under sub-section (1). (4) The delivery of the prisoner in compliance of the warrant issued under subsection (1)shall discharge the officer in charge of the prison from the responsibility of keeping the prisoner in his custody.

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Karnataka Value Added Tax Act, 2003 Section 59

Title: Instructions to Subordinate Authorities

State: Karnataka

Year: 2003

.....or Joint Commissioner within whose jurisdiction they perform their functions. (4) Without prejudice to the generality of the foregoing power, the Commissioner may, on his own motion or on an application by a registered dealer liable to pay tax under the Act, if he considers it necessary or expedient so to do, for the purpose of maintaining uniformity in the work of assessments and collection of revenue, clarify the rate of tax payable under this Act in respect of goods liable to tax under the Act, and all officers and persons employed in the execution of this Act shall observe and follow such clarification. (5) No such application under sub-section (4) shall be entertained unless it is accompanied by proof of payment of such fee, paid in such manner, as may be prescribed. _____________________ 1. Inserted by Act 4 of 2006 w.e.f. 1.4.2006.

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Value Added Tax Act, 2003 Complete Act

Title: Value Added Tax Act, 2003

State: Karnataka

Year: 2003

.....32 - Period of retention of accounts Section 33 - Electronic records Section 34 - Requirement to provide documents and information Chapter 5 Section 35 - Returns Section 36 - Interest in case of failure to furnish returns or to pay tax declared on returns or other amounts payable Section 37 - Rate of interest Section 38 - Assessment of tax Section 39 - Re-assessment of tax Section 40 - Period of limitation for assessment Section 41 - Power of rectification of assessment or re-assessment in certain cases Section 42 - Payment and recovery of tax, penalties, interest and other amounts Section 43 - Duties of Receivers Section 44 - Special provisions relating to companies Section 45 - Recovery of tax, penalty, or any other amount, from certain other persons Section 46 - Tax payable on transfer of business, assessment of legal representatives, etc. Section 47 - Payment and disbursement of amounts wrongly collected by dealer as tax Section 48 - Tax to be first charge on property Section 49 - Period of limitation for recovery of tax Section 50 - Payment of interest on refunds Section 51 - Power to withhold refund in certain cases Section 52 - Production and.....

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Karnataka Value Added Tax Act, 2003 Section 80

Title: Cognizance of Offences

State: Karnataka

Year: 2003

(1) No Court shall take cognizance of any offence punishable under Sections 79 except with the previous sanction of the Joint Commissioner, and no Court inferior to that of a Magistrate of the First Class, shall try any such offence. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), all offences punishable under Sections 79 shall be cognizable and bailable.

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Karnataka Value Added Tax Act, 2003 Chapter VIII

Title: Penalties, Offences and Power to Make Rules

State: Karnataka

Year: 2003

.....of" by Karnataka Value Added Tax (Amendment ) Act ,2005. 3. Substituted for the words "penalty equal to" by Karnataka Value Added Tax (Amendment ) Act ,2005. 4. Inserted by Act 6 of 2007 w.e.f. 1.4.2007. 5. Substituted by Act 6 of 2007 w.e.f. 1.4.2007. "(1) A dealer who fails to furnish a return or who fails to pay the tax due on any return furnished as required under Section 35 shall be liable to a 1[penalty not exceeding two hundred rupees] for each day of default in addition to a further penalty of a sum not less than ten per cent but not exceeding fifty per cent of the amount of tax due, together with any tax or interest due." 6. Substituted by Act 4 of 2006 w.e.f. 1.4.2006. "twenty per cent" 7. Inserted by Act 10 of 2008 w.e.f 1.8.2008. 8. Inserted by Act 6 of 2007 w.e.f. 1.4.2007. 9. Substituted by Act 6 of 2005 w.e.f. 19.3.2005. "2[penalty not exceeding] two hundred rupees" 10. Substituted by Act 4 of 2006 w.e.f. 1.4.2006. 11. Shall be and shall be deemed to have been inserted from the first day of April, 2006 by Act 10 of 2008 12. Substituted by Act 6 of 2005 w.e.f. 19.3.2005. "3[penalty not exceeding] to fifty per cent" 13. Substituted by.....

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Karnataka Value Added Tax Act, 2003 Section 64

Title: Revisional Powers of Additional Commissioner and Commissioner

State: Karnataka

Year: 2003

.....whichever is later. (5) Every order passed in revision under sub-section (1) shall, subject to theprovisions of sub-section (2) of this Section and Sections 66 and 67, be final. (6) Every order passed in revision under sub-section (2) shall, subject to theprovisions of Sections 65 and 66, be final. (7) If the order passed or proceedings recorded by the appropriate authorityreferred to in sub-section (1) or (2), involves an issue on which the High Courthas given its decision adverse to the revenue in some other proceedings and anappeal to the Supreme Court against such decision of the High Court is pending,the period spent between the date of the decision of the High Court and the dateof the decision of the Supreme Court shall be excluded in computing the periodreferred to in clause (c) of sub-section (3). (8) In computing the period of limitation for the purpose of sub-section (3), anyperiod, during which any proceeding under this Section is stayed by an order orinjunction of any court, shall be excluded. (9) For the purposes of this Section, 'record' shall include all recordsrelating to any proceedings under this Act available at the time of examinationby.....

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Karnataka Value Added Tax Act, 2003 Section 63-A

Title: Revisional Powers of Joint Commissioner

State: Karnataka

Year: 2003

..... (2) The Joint Commissioner shall not exercise any power under this section, if.- (a) the time for appeal against the order has not expired; or (b) more than four years have expired after the passing of the order sought to be revised. (3) The Joint Commissioner shall pass order under this section within a period of one year from the date of initiation of proceeding or calling for the records under this section, as the case may be. (4) Every order passed in revision under this section shall, subject to the provisions of sections 63 and 64 be final. (5) In computing the period of limitation for the purpose of sub-section (2), any period, during which any proceeding under this Section is stayed by an order or injunction of any court, shall be excluded. (6) For the purposes of this Section, 'record' shall include all records relating to any proceedings under this Act available at the time of examination by the Joint Commissioner.] ______________________________ 1. Inserted by Act 4 of 2006 w.e.f. 1.4.2006.

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Karnataka Value Added Tax Act, 2003 Section 63

Title: Appeal to the Appellate Tribunal

State: Karnataka

Year: 2003

.....Tribunal may, on the application either of the appellant or ofthe respondent, review any order passed by it under sub-section (5) on the basisof facts which were not before it when it passed the order. (b) No such application under clause (a) shall be preferred more than once inrespect of the same order. (c) The application for review shall be preferred in the prescribed manner withinsix months from the date on which the order to which the application relates wascommunicated to the applicant; and where the application is preferred by anyperson other than an officer empowered by the State Government under sub-section(1), it shall be accompanied by a fee equal to that which has been paid inrespect of the appeal. (d) If the application for review is preferred within ninety days from the date onwhich the order to which the application relates is communicated to theapplicant, the application shall be accompanied by half the fee which had beenpaid in respect of the appeal. (9) (a) With a view to rectifying any mistake apparent from the record, theappellate Tribunal may, at any time, within five years from the date of anyorder passed by it under sub-section (5) or.....

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Karnataka Value Added Tax Act, 2003 Chapter VII

Title: Appeals and Revision

State: Karnataka

Year: 2003

.....(Amendment) Act, 2005. 2. Omitted by Karnataka Value Added Tax (Amendment) Act, 2005. 3. Substituted by Karnataka Value Added Tax (Amendment) Act, 2005 4. Substituted by Act 6 of 2007 w.e.f. 1.4.2006. "empowered by the Government." 5. Inserted by Act of 10 of 2008 w.e.f 1.8.2008. 6. Subsituted by Act 6 of 2007 w.e.f. 1.4.2006. "empowered by the Government" Section 63-A - Revisional powers of Joint Commissioner 1[(1) The Joint Commissioner may on his own motion call for and examine the record of any order passed or proceeding recorded under this Act and if he considers that any order passed therein by any officer, who is not above the rank of a Deputy Commissioner, is erroneous in so far as it is prejudicial to the interest of the revenue, he may, if necessary, stay the operation of such order for such period as he deems fit and after giving the person concerned an opportunity of being heard and after making or causing to be made such inquiry as he deems necessary, pass such order thereon as the circumstances of the case justify, including an order enhancing or modifying the assessment, or canceling the assessment or directing a fresh.....

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Karnataka Value Added Tax Act, 2003 Section 61

Title: Jurisdiction of Officers and Change of Incumbent of an Office

State: Karnataka

Year: 2003

.....the Commissioner may direct. (2) The word case` in relation to any dealer specified in any order or direction issued there under means all proceedings under this Act in respect of any year which may be pending on the date of such order or direction or which may have been completed on or before such date, and includes also all proceedings under this Act which may be commenced after the date of such order or direction in respect of any year. (3) Whenever in respect of any proceeding under this Act, any prescribed authority ceases to exercise jurisdiction and is succeeded by another who may exercise that jurisdiction, the authority or officer so succeeding may continue the proceeding from the stage at which the proceeding was left by his predecessor. (4) The person concerned may demand that before the proceeding under sub-section (3) is so continued, the previous proceeding or any part thereof be reopened or that before any order is passed against him, he be reheard.

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