Title : Power of Rectification of Assessment or Re - Assessment in Certain Cases
State : Karnataka
Year : 2003
(1) Where any assessment or re-assessment or an order of an appellate authority or a revisional authority other than a court or tribunal, is found to be erroneous in so far as it is prejudicial to the interest of the public revenue by a judgement or an order of any court, then notwithstanding anything contained in this Act, authority concerned may proceed to rectify such assessment or re-assessment or order and determine the tax payable by the dealer in accordance with such judgement or order at any time within a period of three years from the date of such judgement or order. (2) Where any court makes an order or gives judgement to the effect that any tax assessed under this Act or any other law should have been assessed under a provision of a law different from that under which it..... View Complete Act List Judgments citing this sectionTitle : Special Provisions Relating to Companies
State : Karnataka
Year : 2003
1) Notwithstanding anything contained in the Companies Act, 1956 (1 of 1956),when any tax due from or assessed on a company under this Act for any period cannot be recovered, then, every person who is or was a director of the company at any time during the period for which the tax is due shall be jointly and severally liable for the payment of such tax unless he proves that the non-recovery cannot be attributed to any gross neglect, misfeasance or breach of duty on his part in relation to the affairs of the company. (2)(a) If the person committing an offence under this Act is a company, the company as well as every person in charge of, or responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence..... View Complete Act List Judgments citing this sectionTitle : Tax Payable on Transfer of Business, Assessment of Legal Representatives, Etc
State : Karnataka
Year : 2003
(1) When the ownership of the business of a dealer is transferred, the transferor and the transferee shall jointly and severally be liable to pay any tax or penalty or any other amount remaining unpaid at the time of transfer or that may become payable in respect of such business after the date of transfer but relating to the years up to the date of transfer and for the purpose of recovery from the transferee, such transferee shall be deemed to be the dealer liable to pay the tax or penalty or other amount due under this Act. (2) When a firm liable to pay the tax or penalty is dissolved, the assessment of the tax and imposition of penalty shall be made as if no dissolution of the firm had taken place, and every person who was at the time of dissolution a partner of the firm and the..... View Complete Act List Judgments citing this sectionTitle : Penalty in Case of Under - Valuation of Goods
State : Karnataka
Year : 2003
(1) Where, in respect of goods liable to tax under this Act carried in a goods vehicle or boat, ship or similar vessel, or held in stock by any dealer or on his behalf by any other person, or held in the custody of any transporter, the prescribed authority, or any officer empowered under Section 53, has reason to believe that the value shown in the document accompanying the goods in transit or in the purchase invoice is lower than the prevailing market price or Maximum Retail Price, by a difference of thirty per cent or more, 1[and such difference is not on account of any discount or margin allowed in accordance with the regular trade practice of the seller or any special discount or margin allowed by the seller or the goods being sold by the seller after manufacture to the trade mark..... View Complete Act List Judgments citing this sectionTitle : Appointment of Commissioners, Additional Commissioners, Joint Commissioners, Deputy Commissioners, Assistant Commissioners, State Representatives and Commercial Tax Officers
State : Karnataka
Year : 2003
(1) The State Government may appoint a Commissioner of Commercial Taxes and as many Additional Commissioners, Joint Commissioners, Deputy Commissioners, Assistant Commissioners, State Representatives and Commercial Tax Officers, as they think fit for the purpose of performing the functions, respectively conferred on them by or under this Act or by or under any other law for the time being in force. (2) The Commissioner may, empower an officer not below the rank of an Assistant Commissioner or an Advocate or a Chartered Accountant 1[or a Cost Accountant] or a Tax Practitioner enrolled in the prescribed manner to perform the functions of a State Representative. (3) In proceedings before the Appellate Tribunal, the State Representative shall be competent, - (a) to prepare and sign..... View Complete Act List Judgments citing this sectionTitle : Compounding Offences
State : Karnataka
Year : 2003
(1) Where any dealer has committed an offence under sub-section (1) of Section 77 or Section 79, the prescribed authority may, on admission by such dealer in writing and upon his option to compound at any time prior to the commencement of the court proceedings relating thereto, compound such offence and order the dealer to pay such sum of money as specified by the prescribed authority, which shall not exceed the amount of the fine prescribed for the offence, in addition to any tax and interest due. (2) Furnishing of a cheque or any other instrument towards payment of a sum by any such dealer shall be deemed to be an application for compounding the offence. (3) Where the prescribed authority compounds an offence under this Section, the order referred to in sub-section (1), (a)..... View Complete Act List Judgments citing this sectionTitle : Repeal of Mah. Ord. Xxiv of 2009 and Saving
State : Maharashtra
Year : 2009
(1) The Bombay Motor Vehicles Tax (Amendment) Ordinance, 2009 (Mah. Ord. XXIV of 2009), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken (including any notification or order issued), under the principal Act, as amended by the said Ordinance, shall be deemed to have been done, taken or issued, as the case may be, under the corresponding provisions of the principal Act, as amended by this Act. View Complete Act List Judgments citing this sectionTitle : Collection of Tax by Registered Dealers, Governments and Statutory Authorities
State : Karnataka
Year : 2003
(1) Every registered dealer liable to pay tax under the Act shall collect such tax at the rate or rates at which he is liable to pay tax, and the tax collected shall be accounted for under the provisions of this Act and rules made thereunder. (2) The Central Government, a State Government, a statutory body or a local authority shall, in respect of any taxable sale of goods effected by them, collect by way of tax any amount which a registered dealer effecting such sale would have collected by way of tax under this Act, issue a tax invoice, pay the tax so collected into the Government Treasury or any designated bank and furnish monthly returns, as specified under Section 35, to the prescribed authority. View Complete Act List Judgments citing this sectionTitle : Deduction of Tax at Source (in Case of Works Contract)
State : Karnataka
Year : 2003
1[9-A. Deduction of tax at source (in case of works contract) (1) Notwithstanding anything contained in this Act, the Central Government, or any State Government, or an industrial, commercial or trading undertaking of the Central Government or of any state, or any such undertaking in joint sector or any other industrial, commercial or trading undertaking or any other person or body as may be notified by the Commissioner from time to time or a local authority or a statutory body, shall deduct out of the amounts payable by them to a dealer in respect of any works contract executed for them in the State, an amount equivalent to the tax payable by such dealer under the Act. (2) No such deduction shall be made under sub section (1) ,if the amounts payable by them are in respect of sales..... View Complete Act List Judgments citing this sectionTitle : Special Rebating Scheme
State : Karnataka
Year : 2003
1[Deduction of input tax shall be allowed on purchase of goods, specified in clauses (5) and (6) of sub-section (a) of Section 11, to the extent of the input tax charged at a rate higher than four per cent or any lower rate as may be notified by the Government.] ________________________ 1. substituted by Act 4 of 2006 w.e.f. 01.04.2006. "Deduction of input tax shall be allowed on the difference between the rate of input tax charged at a rate higher than four per cent and the rate specified in Third Schedule on purchases specified in sub-section (5) and sub-section (6) of Section 11." View Complete Act List Judgments citing this section