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State of Karnataka - Section

Section 5A in Karnataka Tax on Luxuries Act, 1979

5A. Payment of tax in advance.

(1)Every [proprietor or stockist] [Substituted by Act 7 of 1997 w.e.f. 1.4.1997] liable to pay tax under this Act shall furnish to the assessing authority within twenty days of the expiry of a month, a statement in the prescribed form, showing therein the whole amount of tax due from him according to such statement.
(2)Every statement under sub-section (1) shall be accompanied by a treasury challan in proof of payment of the full amount of tax due according to the statement, and a statement without such proof of payment shall not be deemed to have been duly filed and the amount so payable shall for the purpose of section 7 and section 8 be deemed to be tax due under this Act from such [proprietor or stockist] [Substituted by Act 7 of 1997 w.e.f. 1.4.1997].[(2-A) If default is committed in the payment of tax for any month beyond ten days whether or not a statement as required under sub-section (1) is filed; or if the amount of tax paid is less than the amount of tax payable for any month, the dealer defaulting payment of tax or making short-payment of tax shall, in addition to the tax, pay interest calculated at the rate of two per cent per month from the date of such default or short payment to the date of payment of such tax or up to the date specified for payment of tax assessed under section 6, as the case may be.] [Inserted by Act 5 of 2001 w.e.f. 1.4.2001]
(3)If no such statement is submitted by any [proprietor or stockist] [Substituted by Act 7 of 1997 w.e.f. 1.4.1997] under subsection (1) before the date specified therein or if the statement submitted by him appears to the assessing authority to be incorrect or incomplete, the assessing authority may assess the [proprietor or stockist] [Substituted by Act 7 of 1997 w.e.f. 1.4.1997] provisionally for that month to the best of his judgment, recording the reasons for such assessment and proceed to demand and collect the tax on the basis of such assessment :Provided that before taking action under sub-section (3) the [proprietor or stockist] [Substituted by Act 7 of 1997 w.e.f. 1.4.1997] shall be given an opportunity of being heard.]