EXTRACT OF Karnataka Taxation Laws (Amendment) Act, 2008
Act No. 6 of 2008
(First published in the Karnataka Gazette, Extraordinary, on the Second day of August, 2008)
(Received the assent of the Governor on the First day of August, 2008)
An Act further to amend certain taxation laws in force in the State of Karnataka.
Whereas it is expedient to amend certain taxation laws for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the fifty-ninth year of the Republic of India, as follows.-
1. Short title and commencement
(1) This Act may be called the Karnataka Taxation Laws (Amendment) Act, 2008.
(2) It shall come into force from the first day of August, 2008.
2A. Amendment of Karnataka Act 25 of 1957
In the Karnataka Sales Tax Act, 1957 (Karnataka Act 25 of 1957), in section 20, in sub-section (5), after clause (b), in the second proviso as it eixted prior to the first day of August, 2004, for the words "shall be completed", the words "as far as possible may be completed" shall be and shall be deemed to have been substituted from the first day of April, 2002.
4. Amendment of Act 35 of 1976
In the Karnataka Tax on Professions, Trades, Callings and Employments Act, 1976 (Karnataka Act 35 of 1976), in the Schedule,-
(1) in serail number 1, in column (2) the entries relating to item (a) and the corresponding entries in column (3) shall be omitted;
(2) after the entries relating to serial number 18, as it existed prior to the first day of April, 2003, the following explanation, shall be and shall always be deemed to have been inserted, namely:-
"Explanation.- for the purpose of this entry, 'banking companies' shall include any bank whose operations are governed by the provisions of the Banking Regulation act, 1949 (Central Act 10 of 1949)."
(3) after the entries relating to serial number 24, the following explanation, shall be deemed to have been inserted with effect from the first day of April, 2003, namely:-
6. Validation of Assessment, etc.,
Notwithstanding anything contained in any judgement, degree or order of any Court, Tribunal or other authority to the contrary, anythingt done or any action taken or purporting to have been done or taken (including any notices or orders issued and all proceedings held for the levy, assessment and collection of tax or amount purpoted to have been collected by way of tax in relation to such levy, assessment and collection) under the provisions of the Karnataka Sales Tax Act, 1957 (Karnataka Act 25 of 1957) and the Karnataka Tax on Professions Traders, Callings and Emplyment Act, 1976 (Karnataka Act 35 of 1976) (hereinafter referred to as the said Acts) before the commencement of this Act shall be deemed to be valid and effective as if such levy, assessment and collection or action or thing had been made, taken or done under the said Acts, as amended by this Act, and accordingly,-
(a) all acts, proceedings or things taken or done by any authority in connection with levy, assessment and collection of such tax shall, for all purposes be deemed to be, and to have always been taken or done in accordance with law;
(b) no suit or other proceedings shall be maintained or continued in any court or Tribunal or before any authority for the refund of any such tax; and
(c) no Court shall enforce any decree or order directiong the refund of any such tax
By order and in the name of the Governor of Karnataka.