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State of Karnataka - Section

Section 5 in The Karnataka Tax on Professions, Trades, Callings and Employments Act, 1976

5. Registration and enrollment.

(1)Every employer (not being an officer of Government) liable to pay tax under section 4 shall obtain a certificate of registration from the assessing authority in the prescribed manner.[Provided that the Commissioner may notify the website in which an application for registration shall be made electronically in the manner specified in the said notification.] [Inserted by Act 15 of 2011 w.e.f. 01.04.2011]
(2)Every person liable to pay tax under this Act (other than a person earning salary or wages, in respect of whom the tax is payable by his employer), shall obtain a certificate of enrollment from the assessing authority in the prescribed manner.[Provided that the Commissioner may notify the website in which an application for enrollment shall be made electronically in the manner specified in the said notification.] [Inserted by Act 15 of 2011 w.e.f. 01.04.2011]
(3)Every employer or person required to obtain a certificate of registration or enrollment shall, within ninety days from the date of commencement of this Act or, if he was not engaged in any profession, trade, calling or employment on the date, within thirty days from the date of commencement of his profession, trade, calling or employment, or in respect of a person referred to in sub-section (2) within thirty days of his becoming liable to pay tax at a rate higher or lower than the one mentioned in his certificate of enrollment, apply for a certificate of registration or enrollment, or revised certificate of enrollment, as the case may be, to the assessing authority in the prescribed form, and the assessing authority shall, after such inquiry as it may deem fit [within thirty days of the receipt of the application] [Substituted by Act 05 of 2016 w.e.f. 1.4.2016] (which period in the first year from the commencement of this Act shall be extended to ninety days), if the application is in order, grant him such certificate.[Provided that where after the issue of the enrollment certificate the tax payable under this Act is revised the person liable to pay tax under this Act shall, notwithstanding that the enrollment certificate is not revised pay tax at such revised rates from the date of such revision.] [Substituted by Act 18 of 1994 w.e.f. 1.4.1994]
(4)The assessing authority shall mention in every certificate of enrollment, the amount of tax payable by the holder according to the Schedule and the date by which it shall be paid, and such certificate shall serve as a notice of demand for purposes of section 12.
(5)[ Where an employer or a person liable for registration or enrollment has failed to apply for such registration or enrollment within the time specified, the assessing authority shall, after giving him a reasonable opportunity of being heard, impose a penalty of one thousand rupees in the case of an employer and five hundred rupees in the case of any other person.;] [Inserted by Act 7 of 2009 w.e.f. 1.4.2009]
(5)[ x x x] [Omitted by Act 18of 1994 w.e.f. 1.4.1994]
(6)Where an employer or a person liable to registration or enrollment has deliberately given false information in any application submitted under this section, the assessing authority may, after giving him a reasonable opportunity of being heard, impose a penalty not exceeding rupees one thousand.