Section 36 in Karnataka Agricultural Income-Tax Act, 1957
36. Income escaping assessment.
- If for any reason any agricultural income chargeable to tax under this Act has escaped assessment in any financial year or has been assessed at too low a rate, the [Assistant Commissioner of Agricultural Income tax] [Substituted by Act 5 of 1993 w.e.f. 9.11.1992.], may, [at any time within five years] [Substituted by Act 10 of 1987 w.e.f. 1.4.1987.] of the end of that year serve on the person liable to pay the tax or in the case of a company on the principal officer thereof, a notice containing all or any of the requirements which may be included in a notice under subsection (2) of section 18 and may proceed to assess or re-assess such income and the provisions of this Act shall, so far as may be, apply accordingly as if the notice were a notice issued under that sub-section:Provided that the tax shall be charged at the rate at which it would have been charged if such income had not escaped assessment or full assessment as the case may be.[Provided further that in computing the period of limitation for assessment or reassessment under this section, the time during which the assessment has been deferred on account of any stay order granted by any court or other authority in any case or by reason of the fact that an appeal or other proceeding is pending before the High Court or the Supreme Court, shall be excluded:Provided also that nothing contained in this section limiting the time within which any action may be taken or any order, assessment or re-assessment may be made, shall apply to an assessment or re-assessment made on the assessee or any person in consequence of, or to give effect to, any finding, direction or order made under section 32, [32A,] [Inserted by Act 25 of 1962 w.e.f. 1.10.1957.] 33, [34,] [Inserted by Act 29 of 1963 w.e.f. 1.1.1964.] 35 or 55 or any judgment, or order made by the Supreme Court, the High Court or any other Court.]
