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Start Free TrialFinance (No. 2) Act, 2004 Section 50
Title: Amendment of Section 206c
State: Central
Year: 2004
.....in any proceedings made thereunder, without further proof of production of the original, as evidence of any contents of the original or of any facts stated therein. (5D) Where the Assessing Officer considers that the return delivered or caused to be delivered under sub-section (5B) is defective, he may intimate the defect to the person collecting tax and give him an opportunity of rectifying the defect within a period of fifteen days from the date of such intimation or within , such further period which, on an application made in this behalf, the Assessing Officer may, in his discretion, allow; and if the defect is not rectified within the said period of fifteen days or, as the case may be, the further period so allowed, then, notwithstanding anything contained in any other provision of this Act, such return shall be treated as an invalid return and the provisions of this Act shall apply as if such person had failed to deliver the return."; (h) in sub-section (9), with effect from the 1st day of October, 2004,-- (i) for the word "buyer", the words "buyer or licensee or lessee" shall be substituted; (ii) after the word, brackets and figure "sub-section (1)", at both.....
View Complete Act List Judgments citing this sectionTax on Lotteries Act, 2004 Section 29
Title: Cognizance of Offences
State: Karnataka
Year: 2004
No Court shall take cognizance of any offence punishable under Sections 28 except with the previous sanction of the Joint Commissioner.
View Complete Act List Judgments citing this sectionTax on Lotteries Act, 2004 Section 38
Title: Laying of Rules and Notifications Before the State Legislature
State: Karnataka
Year: 2004
Every rule made under this Act and every notification issued under Section 39 shall be laid as soon as may be after it is published before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the sessions immediately following, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.
View Complete Act List Judgments citing this sectionTax on Lotteries Act, 2004 Section 37
Title: Power to Make Rules
State: Karnataka
Year: 2004
.....(2), the State Government may provide that a person guilty of breach thereof shall, on conviction by a Magistrate of the first class, be punishable with fine which may extend to five thousand rupees and where the breach is a continuing one, with further fine which may extend to one hundred rupees for every day after the first during which the breach continues. (4) Any rule under this Act may be made to have effect retrospectively and when any such rule is made, a statement specifying the reasons for making such a rule shall be laid before both Houses of the State Legislature along with the rule under section 38, and all rules, shall, subject to any modification made under Section 38, have effect as if made in this Act.
View Complete Act List Judgments citing this sectionTax on Lotteries Act, 2004 Section 36
Title: Power to Summon Persons to Give Evidence
State: Karnataka
Year: 2004
The officers empowered by rules made in this behalf shall have all the powers conferred on a Court by the Code of Civil Procedure, 1908 (Central Act V of 1908), for the purpose of securing attendance of persons or the production of documents in any enquiry under this Act.
View Complete Act List Judgments citing this sectionTax on Lotteries Act, 2004 Section 35
Title: Appearance Before Any Authority in Proceedings
State: Karnataka
Year: 2004
Any person who is entitled to appear before any authority other than the High Court in connection with any proceeding under this Act, may be represented before such authority- (a) by his relative or a person regularly employed by him if such relative or person is duly authorized by him in writing in this behalf; (b) by a legal practitioner.
View Complete Act List Judgments citing this sectionTax on Lotteries Act, 2004 Section 34
Title: Courts Not to Set Aside or Modify Assessments Except as Provided Under This Act
State: Karnataka
Year: 2004
Notwithstanding anything contained in any law for the time being in force, no suit or other proceedings shall be entertained by any court, except as expressly provided for under this Act, to set aside or modify any assessment or other proceedings commenced by virtue of the provisions of this Act, and no such court shall question the validity of any assessment, levy of penalty or interest nor grant any stay of proceedings or recovery of any amount due under this Act.
View Complete Act List Judgments citing this sectionTax on Lotteries Act, 2004 Section 33
Title: Bar and Limitation to Certain Proceedings
State: Karnataka
Year: 2004
(1) No suit, prosecution or other proceeding shall lie against any officer or servant of the State Government, for any act done or purported to be done under this Act without the previous sanction of the State Government. (2) No officer or servant of the State Government shall be liable in respect of any such act in any civil or criminal proceeding if the act was done in good faith in the course of the execution of duties or the discharge of the functions imposed by or under this Act. (3) No suit shall be instituted against the State Government and no suit, prosecution or other proceeding shall be instituted against any officer or servant of the State Government in respect of any act done or purporting to be done under this Act, unless the suit, prosecution or other proceeding is instituted within six months from the date of the act complained of.
View Complete Act List Judgments citing this sectionTax on Lotteries Act, 2004 Section 32
Title: Validity of Assessments Not to Be Questioned in Prosecution
State: Karnataka
Year: 2004
The validity of the assessment of any tax or of the levy of any fee or other amount, made under this Act, or the liability of any person to pay any tax, fee or other amount so assessed or levied shall not be questioned in any Criminal Court in any prosecution or other proceeding, whether under this Act or otherwise.
View Complete Act List Judgments citing this sectionTax on Lotteries Act, 2004 Section 31
Title: Offences by Companies, Etc.
State: Karnataka
Year: 2004
..... Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.- For the purposes of this section.- (a) Company means any body corporate and includes a firm or other association of individuals; and (b) Director, in relation to a firm, means a partner in the firm.
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