Bare Act Search Results

Industrial Development Bank (Transfer of Undertaking and Repeal) Act, 2003 Chapter II

Title: Transfer and Vesting of the Undertaking of Development Bank in Company

State: Central

Year: 2003

.....the undertaking of the Development Bank has vested by virtue of this Act as it might have been enforced by or against the Development Bank if this Act had not been enacted and shall cease to be enforceable by or against the Development Bank. Section 5 - Provisions in respect of officers and other employees of Development Bank (1) Every officer or other employee of the Development Bank (except a director of the Board or the chairman and managing director or any whole-time director) serving in the employment immediately before the appointed day shall, in so far as such officer or other employee is employed in connection with the undertaking which has vested in the Company by virtue of this Act, become, as from the appointed day, an officer or, as the case may be, other employee of the Company and shall hold his office or service therein by the same tenure, at the same remuneration, upon the same terms and conditions, with the same obligations and with the same rights and privileges as to leave, leave fare concession, welfare scheme, medical benefit scheme, insurance, provident fund, other funds, retirement, voluntary retirement, gratuity and other benefits as he would have.....

The Assam Value Added Tax Act, 2003 (as Amemnded in April 2005) Complete Act

State: Assam

Year: 2003

.....for carrying out the purposes of the Act; (11) "company" and "director" shall have the meanings respectively assigned to them in the Companies Act. 1956; (Central Act 1 of 1958) (12) "contractee" means any person for whom or for whose benefit a works contract is executed; (13) "contractor" means any person who executes a works contract and includes a sub-contractor; (14) "to cultivate personally" with all its grammatical variations and cognate expressions means to carry on any agricultural operation on one's own account,- (i) by one's own labour, or (ii) by the labour of one's family, or (iii) by servants on wages payable in cash or kind (but not in crop share), or by hired labour under one's personal supervision or the personal supervision of any member of one's family. Explanation I.- A widow or a minor, or a person who is subject to any physical or mental disability or is a serving member of the armed forces of the Union, shall be deemed to cultivate land personally if it is cultivated by her or his servants or by hired labour. Explanation II.- In the case of a Hindu Undivided Family, land shall be deemed to be cultivated personally, if it is.....

Karnataka Value Added Tax Act, 2003 Section 44

Title: Special Provisions Relating to Companies

State: Karnataka

Year: 2003

.....shall be liable to be proceeded against and punished accordingly. (3) When two or more companies are to be amalgamated by an order of a Court or of the Central Government, and the order is to take effect from a date earlier to the date of the order, and any two or more such companies have sold or purchased any goods to or from each other in the period commencing on the date from which the order is to take effect and ending on the date of the order, then such transactions of sale or purchase will be included in the turnover of the sales or purchase of the respective companies and will be assessed to tax accordingly, and the said two or more companies shall be treated as distinct companies for all periods up to the date of the said order, and the registration certificates of the said companies shall be cancelled, where necessary, with effect from the date of the said order.

Karnataka Value Added Tax Act, 2003 Section 53

Title: Establishment of Check Posts and Inspection of Goods in Movement

State: Karnataka

Year: 2003

.....to believe that any dealer has attempted to evade payment of any tax, he may issue a protective assessment on such dealer in accordance with sub-section (5) of Section 38. (6) All searches and seizures under sub-section (4) or (5) shall be made in accordance with the provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974). (7) No person shall tamper with any seal put under sub-clause (i) of clause (c) of sub-section (4). (8) Where the officer-in-charge of the check post or barrier, or the officer empowered as aforesaid, on interception of the goods vehicle or on inspection of any godown, is of the opinion that further verification is necessary with respect to either the accuracy of the particulars furnished in the documents accompanying the goods under transport or in transit, or as to the sufficiency and the cause adduced in respect of any contravention of sub-section (2), he may verify the particulars himself or, if it is necessary to cause it to be verified by referring the matter to any other officer and if such verification is not likely to be completed within a reasonable time, he may direct, in writing, the carrier or the person in charge of.....

Karnataka Value Added Tax Act, 2003 Chapter VI

Title: Authorities and Appellate Tribunals

State: Karnataka

Year: 2003

.....relating to such applicant. (5) The order of Authority under this Section shall be binding as aforesaid unless there is a change in law or facts on the basis of which the order was passed. (6) Where the authority finds, on a representation made to it by any officer or otherwise, that an order passed by it was obtained by the applicant by fraud or mis-representation of facts, it may, by order, declare such order to be void ab initio and thereupon all the provisions of this Act shall apply to the applicant as if such order had never been made. (7) Subject to the provisions of sub-section (2) of section 64 and section 66, every order passed under this section shall be final.] ____________ 1. Inserted by the Karnataka Value Added Tax (Amendment) Act, 2010 dated 29.03.2010 w.e.f. 01.04.2010. Section 61 - Jurisdiction of officers and change of incumbent of an office (1) The Additional Commissioners, Joint Commissioners, Deputy Commissioners, Assistant Commissioners and Commercial Tax Officers shall perform their functions in respect of such areas or of such dealers or classes of dealers or of such cases or classes of cases as the Commissioner may direct. (2).....

Karnataka Value Added Tax Act, 2003 Section 60

Title: Clarification and Advance Rulings

State: Karnataka

Year: 2003

.....or transaction in relation to which a clarification is sought and also only in the proceedings before the officers of the department (other than the Commissioner) and the Appellate Tribunal, relating to such applicant. (5) The order of Authority under this Section shall be binding as aforesaid unless there is a change in law or facts on the basis of which the order was passed. (6) Where the authority finds, on a representation made to it by any officer or otherwise, that an order passed by it was obtained by the applicant by fraud or mis-representation of facts, it may, by order, declare such order to be void ab initio and thereupon all the provisions of this Act shall apply to the applicant as if such order had never been made. (7) Subject to the provisions of sub-section (2) of section 64 and section 66, every order passed under this section shall be final.] ____________ 1. Inserted by the Karnataka Value Added Tax (Amendment) Act, 2010 dated 29.03.2010 w.e.f. 01.04.2010.

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.....

Karnataka Value Added Tax Act, 2003 Section 70

Title: Burden of Proof

State: Karnataka

Year: 2003

(1)For the purposes of payment or assessment of tax or any claim to input tax underthis Act, the burden of proving that any transaction of a dealer is not liableto tax, or any claim to deduction of input tax is correct, shall lie on suchdealer. (2)Where a dealer knowingly issues or produces a false tax invoice, credit or debitnote, declaration, certificate or other document with a view to support or makeany claim that a transaction of sale or purchase effected by him or any otherdealer, is not liable to be taxed, or liable to tax at a lower rate, or that adeduction of input tax is available, the prescribed authority shall, ondetecting such issue or production, direct the dealer issuing or producing suchdocument to pay as penalty: (a)in the case of first such detection, three times the tax due in respect of suchtransaction or claim; and (b)in the case of second or subsequent detection, five times the tax due in respectof such transaction or claim. (3)Before issuing any direction for the payment of the penalty under this Section,the prescribed authority shall give to the dealer the opportunity of showingcause in writing against the imposition of such penalty.

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.....

Karnataka Value Added Tax Act, 2003 Section 76

Title: Penalties Relating to Tax Invoices, Bills of Sale, Credit Notes and Debit Notes

State: Karnataka

Year: 2003

..... (a) fails to provide a tax invoice as required by sub-section (1) of section 29 or a credit or debit note as required by sub-section (1) or sub-section (2) of section 30, or (b) provides a tax invoice otherwise than in accordance with the provisions of section 29 or a credit or a debit note as provided in section 30, shall be liable to a penalty of two thousand rupees or an amount equivalent to the tax payable on the transaction, whichever is higher for such offence which is the first during a financial year and if the offence committed is not the first offence during a financial year, a penalty of five thousand rupees or an amount equivalent to the tax payable on the transaction, whichever is higher. (2) A registered dealer who fails to issue a bill of sale as required by sub-section (1) of section 29 shall be liable to a penalty of one thousand rupees for such offence which is the first during a financial year and if the offence committed is not the first offence during a financial year, a penalty of two thousand rupees. (3) The power to levy the penalty under this section shall be vested in the officer authorised under section 52.] .....