Section 18 in Karnataka Agricultural Income-Tax Act, 1957
18. Return of Income.
(1)Every person whose total agricultural income during the previous year exceeded the maximum amount which is not chargeable to agricultural income-tax [or every person who holds land under plantation crop the total extent of which is not less than [fifteen acres] [Inserted by Act 6 of 1995 w.e.f.1.4.1995]] shall furnish to the [Assistant Commissioner of Agricultural Income-tax] [Substituted by Act 5 of 1993 w.e.f.9.11.1992] so as to reach him before the [expiry of four months from the end of the previous year] [Substituted by Act 14 of 1983 w.e.f.1.12.1982] a return in the prescribed form and verified in the prescribed manner, setting forth his total agricultural income during the previous year:[Provided that the return of agricultural income for the previous year ending on or after the 31st March, 1982, but before the date of commencement of the Karnataka Agricultural Income-tax (Amendment) Act, 1983 shall be filed within four months from the date of commencement of the said Act.] [Inserted by Act 14 of 1983 w.e.f.1.12.1982][Provided further that the return of agricultural income for the previous year ending on the 31st day of March, 2001, shall be filed before the expiry of sixteen months from the end of such previous year] [Inserted by Act 5 of 2002 w.e.f. 1.4.2002](2)In the case of any person whose total agricultural income is, in the opinion of the [Assistant Commissioner of Agricultural Income-tax] [Substituted by Act 5 of 1993 w.e.f.9.11.1992], of such amount as to render such person liable to payment of agricultural income-tax for any financial year, he may [before the end of the relevant financial year, serve] [2] a notice in the prescribed form requiring such person to furnish within such period not being less than thirty days as may be specified in the notice, a return in the prescribed form and verified in the prescribed manner setting forth (along with such other particulars as may be provided for in the notice) his total agricultural income during the previous year.(2A)[ (a) Before any person submits any return under sub-section (1) or sub-section (2), he shall, in the prescribed manner, pay in advance the full amount of tax payable by him on the basis of such return and shall furnish along with the return satisfactory proof of the payment of such tax. After the assessment is made under section 19 the amount of tax so paid shall be deemed to have been paid towards the tax so assessed and excess amount, if any, paid shall be refunded to such person.(b)If after the assessment under section 19 it is found that the tax paid under clause (a) was less than the tax payable by more than twenty-five per cent, the [Assistant Commissioner of Agricultural Income-tax] may direct such person to pay in addition to the tax, by way of penalty, a sum [equal to twenty four per cent per annum of the amount of tax so paid short calculated from the date of expiry of the year to which such tax relates:] [Substituted by Act 5 of 2000 w.e.f.1.4.2000][Provided that in the case of a person whose total agricultural income as determined by the [Assistant Commissioner of Agricultural Income-tax] [Substituted by Act 10 of 1987 w.e.f.1.4.1987] is less than twenty thousand rupees, the penalty imposed shall not exceed one hundred rupees.] [Inserted by Act 29 of 1976 w.e.f.1.4.1975]][Provided further that no penalty under this sub-section shall be imposed unless the assessee affected has had a reasonable opportunity of showing cause against such imposition.] [Inserted by Act 38 of 1986 w.e.f.17.10.1986](2B)[ If any person who has not been served with a notice under sub-section (2) has sustained a loss in any previous year and claims that the loss or any part thereof should be carried forward under section 15, he may furnish, within the time allowed under subsection (1), or within such further time which on an application made in the prescribed manner, the [Assistant Commissioner of Agricultural Income-tax] [Inserted by Act 10 of 1987 w.e.f.1.4.1987] may, in his discretion a return of loss in the prescribed form and verified in the prescribed manner and containing such other particulars as may be prescribed, and all the provisions of the Act, shall apply as if it were a return under sub-section (1).](3)if any person has not furnished a return within the time allowed by or under subsection (1) or sub-section (2) or, having furnished a return under any of those subsections discovers any omission or wrong statement therein, he may furnish a return or a revised return, as the case may be, at any time before the assessment is made.[(3-A) Where a return under sub-section (1) or sub-section (2) or sub-section (3) for any assessment year is furnished after the date specified under sub-section (1) or is not furnished then, in cases where the Agricultural Income Tax Officer has not extended the date of furnishing the return under section 61, the assessee shall be liable to pay in addition to the tax payable, interest at the rate of twenty-four percent per annum reckoned from the day immediately following the date specified in sub-section (1) to the date of the furnishing of the return or where no return has been furnished the date of completion of the assessment, on the amount of the tax payable on the total agricultural income as determined on regular assessment as reduced by the tax paid if any.] [Inserted by Act 18 of 1994 w.e.f.1.4.1994][Provided that in the case of an assessee holding land not exceeding fifty acres, the interest payable shall not exceed five thousand rupees] [Inserted by Act 7 of 2003 w.e.f. 1.4.2002](4)The [Assistant Commissioner of Agricultural Income-tax] [Substituted by Act 5 of 1993 w.e.f.9.11.1992] may serve on any person who has made a return under sub-section (1) or upon whom a notice has been served under sub-section (2) a notice requiring him, on a date to be therein specified, to produce, or cause to be produced, such accounts or documents as such officer may require [for the purpose of this Act:] [Inserted by Act 29 of 1976 w.e.f.1.4.1975]Provided that such officer shall not require the production of any accounts relating to a period more than three years prior to the previous year.
