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State of Odisha - Section

Section 511 in Orissa Municipal Rules, 1953

511.

(1)Where the Executive Officer is satisfied the Profession tax is due from any company or person for any half-year, he shall serve a notice on such company or person either in that half-year or in the succeeding half-year requiring the company or person to furnish within such period not being less than thirty days as may be specified therein a return in the form appended to these rules showing the income on the basis of which according to such company or person it or he is liable to be assessed to profession tax for the half-year in question. Thereupon it shall be open to such company or person to submit a return showing the income derived by it or him during the half-year for which Profession tax is claimed or for the corresponding, half-year of the previous year and produce any evidence on which the company or person may rely in support of the return made.
(2)If a return is made as required under Sub-rule (1) and the Executive Officer is satisfied that it is correct and complete he shall levy the Profession tax from such company or person on the basis of such return.Explanation. - In case not falling under Clause (b) of Sub-rule (1) or under Sub-rule (2) or Rule 510, if company or person produces the notice of demand income tax served on it or him under Section 29 of the Indian Income Tax Act, 1922 for the year comprising the half-year in question the Executive Officer shall be bound to take one half of the income mentioned in such notice of demand as the income derived from the sources on which Profession tax is leviable under this Act, as the income on the said sources for the purposes of levying Profession tax.
(3)If no return is made as required under Sub-rule (1) or if the Executive Officer is satisfied that any return so made is incorrect or incomplete, he shall assign to the company or person the class in the scale appropriate to the half-yearly income of such company or person as estimated by him.(4} The Executive Officer may when classifying any company or person under Sub-rule (3) do so general considerations with reference to the nature and reputed value of the business transacted, the size and rental of residential and business premises, the quantity and number of articles dealt with, the number of persons, employed and the income-tax paid to Government.
(5)The Executive Officer shall not be entitled to call for the accounts of any company or person.