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The Karnataka Sales Tax Act, 1957
CHAPTER III : Incidence and levy of tax

Body 8-A Power of State Government to notify exemptions and reductions of tax.

(1) The State Government may, by notifications make an exemption, or reduction in rate in respect of any tax payable under this Act-

    (a) on the sale or purchase of any specified goods or class of goods, at all points in the series of sales by successive dealers; or

    (b) by any specified class of persons, in regard to the whole or any part of their turnover; or

    (c) on the sale or purchase of any specified class of goods by any specified class of dealers in regard to the whole or part of their turnover.

(2) Any exemption from tax or reduction in the rate of tax, notified under sub-section (1) may be subject to such restrictions and conditions as may be specified in the notifications.

(2-A) The State Government may, by notification, transpose any entry or part thereof from one schedule to another schedule and alter the point of levy of sale or purchase, but not so as to enhance the rate of tax in any case:

Provided that where the point of levy is altered under this sub-section in respect of any goods and if such goods have been subjected to tax under the unaltered entry, then such goods shall not be subjected to tax under the transferred entry.

(3) The State Government may, by notification, cancel or vary any notification issued under sub-section (1) or sub-section (2-A).

Provided that where Government has withdrawn the scheme of giving exemption of tax to any class or category of new investors in general by way of general or special order and in pursuant to such order, the Government may, by notification, withdraw such exemption including exemption granted by special order, if any, from a retrospective date. However, such date shall not be beyond the date of such general or special order

(4) If any restriction or condition, specified under sub-section (2) is contravened or is not observed by a dealer, the sales or purchases of such dealer may, with effect from the commencement of the year in which such contravention or non-observance took place, be assessed to tax or taxes under the appropriate provisions of this Act as if the provisions of the notifications under the sub-section (1) did not apply to such sales or purchases.

(5) (a) Where any restriction or condition specified under sub-section (2) in respect of goods taxable at the point of sale is contravened or is not observed by the purchaser of such goods, notwithstanding that such a purchaser is not a dealer or that the sale value of such goods is less than the turnover specified in sub-section (5) of Section 5, such purchaser shall be liable to pay an amount equal to the difference between the tax payable at the rates specified under the Act and the tax paid at the rates specified under the notification on the goods purchased in respect of which such contravention or non-observance has taken place, as if the provision of the notification under sub-section (1) did not apply to such purchases and in addition, such purchaser shall also be liable to pay by way of penalty a sum not less than one half but not exceeding the amount of tax leviable on the sale price of such goods.

(aa) Where the purchaser is a registered dealer, the assessing authority of such purchaser and in other cases the Assistant Commissioner of Commercial Taxes of the area or any officer empowered under sub-section (1) of Section 28, may levy penalty under this sub-section

Provided that no penalty shall be levied under this sub-section after a period of eight years from the close of the year to which the purchase relates

(b) The difference of the tax amount and the penalty levied under this sub-section shall be recovered in the manner specified under Section 13.

(6) Any notification issued under sub-section (1) or sub-section (2-A) shall be valid until it is canceled under sub-section (3), notwithstanding that the tax payable in accordance with such notification in respect of any specified goods or class of goods or by any specified class of persons or on the sale or purchase of any specified class of goods by any specified class of dealers, is modified by an amendment to this Act.