State of Karnataka - Act
The Karnataka Tax on Professions, Trades, Callings and Employments Act, 1976
KARNATAKA
India
India
The Karnataka Tax on Professions, Trades, Callings and Employments Act, 1976
Act 35 of 1976
- Published on 31 March 1987
- Commenced on 31 March 1987
- [This is the version of this document from 31 March 1987.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title, extent and commencement.
2. Definitions.
- In this Act, unless the context otherwise requires,-3. Levy and charge of tax.
3A. [ [Omitted by Act 3 of 1998 w.e.f. 1.4.1998]
x x x]4. Employer's liability to deduct and pay tax on behalf of employees.
- The tax payable under this Act by any person earning a salary or wage, shall be deducted by his employer from the salary or wage payable to such person before such salary or wage is paid to him, and such employer shall, irrespective of whether such deduction has been made or not when the salary or wage is paid to such persons, be liable to pay tax on behalf of all such persons:Provided that, if the employer is an officer of Government, the State Government may, notwithstanding anything contained in this Act, prescribe by rules the manner in which such employer shall discharge the said liability.5. Registration and enrollment.
6. [ Return. [Sections 6, and 6A substituted by Act 6 of 1995 w.e.f. 1.4.1995]
6A. Payment of tax in advance.
7. Assessment of employer [or person] [Inserted by Act 18 of 1994 w.e.f. 1.4.1994].
- [(1) Notwithstanding anything contained in sub-section (2) as it existed prior to commencement of the Karnataka Taxation Laws(Amendment) Act, 2009, every employer shall be deemed to have been assessed to tax based on the return filed by him under section 6 for any year commencing from the first day of April, 2008, except in cases where the Commissioner may notify the employer of any requirement of production of accounts before the assessing authority in support of a return filed for any year and such authority shall proceed to assess such dealer,-(a)on the basis of the return filed where he is satisfied that the return filed is correct and complete, or(b)to the best of its judgment, where the return filed appears to be incorrect or incomplete, after giving the employer an opportunity of showing cause against such assessment in writing." ;8. Rectification of mistakes.
9. Assessment of escaped tax.
10. Payment of Tax [and filing of return] [Inserted by Act 5 of 2007 w.e.f. 1.4.2007] by enrolled persons [and deduction of tax in the case of certain enrolled persons] [Inserted by Act 5 of 2006 w.e.f. 1.4.2006].
- [(1)Every enrolled person shall pay the tax payable by him under this Act and file his return before the assessing authority, in such manner and such form as may be prescribed.] [Substituted by Act 5 of 2007 w.e.f. 1.4.2007][Provided that a person liable to be enrolled shall be deemed to have enrolled for the purpose of payment of tax under this Act, notwithstanding that he has failed to do so.] [Inserted by Act 11 of 2005 w.e.f. 1.4.2005][Provided further that the specified class of enrolled persons as may be notified by the Commissioner shall pay the tax payable, by electronic remittance through internet and also submit the return in the prescribed form, electronically through internet, in the manner specified in the said notification.] [Inserted by Act 5 of 2010 w.e.f.1.4.2010]| (a) [ [Substituted by Act 13 of 1986, w.e.f. 2.5.1986] | in respect of a person who stands enrolledbefore the commencement of that year. of a year; | Before 30th April |
| (b) | in respect of a person who is enrolled afterthe commencement of a year. | Within one month from the date ofenrollment.] |
11. Consequences of failure to deduct or to pay tax.
12. Penalty for non-payment of tax.
- If an enrolled person or a registered employer fails, without reasonable cause, to make payment of any amount of tax within the required time or date as specified in the notice of demand the assessing authority may, after giving him a reasonable opportunity of making representation, impose upon him a penalty not exceeding fifty per cent of the amount of tax due. This penalty shall be in addition to the interest payable under sub-section (2) or (3) of section 11.13. [ Recovery of tax and other amounts and period of limitation for recovery of tax. [Substituted by Act 5 of 2006 w.e.f. 1.4.2006]
14. Authorities for implementation of the Act.
14A. [ Instruction to subordinate authorities. [Inserted by Act 5of 1996 w.e.f. 1.4.1996]
15. Appointment of collecting agents.
16. Appeals.
17. Appeal to the Appellate Tribunal.
18. Revision by Commissioner [Additional Commissioner, Joint Commissioner and Deputy Commissioner] [Inserted by Act 11 of 1993 w.e.f. 1.4.1993].
- [(1) The Deputy Commissioner may, on his own motion call for and examine the record of any proceeding under this Act, and if he considers that any order passed therein by any officer who is not above the rank of Profession Tax Officer is erroneous in so far as it is prejudicial to the interests of revenue, he may, if necessary, stay the operation of such order for such period as he deems fit and after giving the assessee an opportunity of being heard and after making or causing to be made such inquiry as he deems necessary, pass such order thereon as the circumstances of the case justify, including an order enhancing or modifying the assessment or cancelling the assessment or directing a fresh assessment.18A. [ Revision by High Court in certain cases. [Inserted by Act 1 of 1985 w.e.f. 9.1.1985]
19. Accounts.
20. Special mode of recovery.
21. Production and inspection of accounts and documents and search of premises.
- Any authority [or any officer authorised by the Commissioner either generally or specifically] [Inserted by Act 7 of 2009 w.e.f. 1.4.2009] under this Act may inspect and search any premises, where any profession, trade, calling or employment liable to taxation under this Act is carried on or is suspected to be carried on and may require production and examination of books, registers, accounts or documents relating thereto and may seize such books, registers, accounts or documents as may be necessary:Provided that, if the said authority removes from the said premises any book, register, account or document, it shall give to the person in charge of the place, a receipt describing the book, register, account or document so removed by it and retain the same only for so long as may be necessary for the purposes of examination thereof or for a prosecution.22. Refunds.
- Any person who has paid any tax or penalty or interest or fee in excess of the amount due under this Act may apply to the assessing authority for a refund or adjustment of such amount towards future tax and the amount paid in excess shall be refunded or adjusted accordingly.23. Offences and penalties.
- Any person or employer who, without sufficient cause, fails to comply with any of the provisions of this Act, or the rules framed thereunder shall, on conviction, be punished with fine which may extend to five thousand rupees and when the offence is a continuing one, with fine which may extend to fifty rupees per day of such continuance.24. Offences by companies.
25. Power to transfer proceedings.
- The Commissioner may, by order in writing transfer any proceedings or class of proceedings under any provision of this Act from any officer to any other officer not lower in status than the former.Explanation. - In this section, the word " proceedings" in relation to any assessee whose name is specified in any order issued thereunder, means all proceedings under this Act in respect of any year, which may be pending on the date of such order or which may have been completed on or before such date, and includes also all proceedings under this Act which may be commenced after the date of such order in respect of any year in relation to such assessee.26. Compounding of offences.
27. Powers to enforce attendance, etc.
- All authorities under this Act shall, for the purposes of this Act, have the same powers as are vested in a court under the Code of Civil Procedure, 1908 while trying a suit in respect of enforcing the attendance of, and examining any person on oath or affirmation or for compelling the production of any document.28. Bar of suits etc.
28A. [ Appearance before any authority in proceedings. [Inserted by Act 1 of 1985 w.e.f. 9.1.1985]
- Any person who is entitled to appear before any authority other than the High Court, in connection with any proceedings under this Act, may be represented before such authority,-29. Power to exempt.
- [(1)] [Renumbered by Act 18 of 1994 w.e.f. 1.4.1994] The State Government may, by notification, make an exemption or reduction in the rate of tax payable by any specified class of persons subject to such restrictions and conditions as may be specified in the notification.30. Local authorities not to levy profession tax.
31. Cesses not to be levied in certain cases.
- Notwithstanding anything in any law for the time being in force no cess shall be levied on tax on professions, trades, callings and employments under any such law and provisions in such law authorising such levy and collection shall, on and from the date of commencement of this Act, stand repealed.32. Grants to local authorities for loss of revenue.
- Out of the proceeds of the tax and penalties and interest and fees recovered under this Act, there shall be paid annually to such local authorities as were levying immediately before the commencement of this Act a tax on professions, trades, callings and employments such amounts on the basis of the highest collections made by them in any year during the period of three years immediately preceding the commencement of this Act, as may be determined by the State Government in this behalf.33. Power to make rules.
34. Power to remove difficulties.
- If any difficulty arises in giving effect to the provisions of this Act, the State Government, may by notification, make such provisions, not inconsistent with this Act, as appears to it to be necessary or expedient for removing the difficulty[Schedule [Schedule including the explanations substituted by Act 7 of 2003 w.e.f. 1.4.2003][See Section 3(2)]| Sl. No. | Class of persons | Rate of tax |
| 1. | Salary or wageearners whose salary or wage or both, as the case may be, for amonth is,-(a)[ (X X X)] [Omitted by Act 6 of 2008 w.e.f.1.8.2008](b)[(X X X)] [Omitted by Act 7 of 2009 w.e.f.1.4.2009](c)[(X X X)] [Omitted by Act 7 of 2009 w.e.f.1.4.2009](d)[(X X X)] [Omitted by Act, 14 of 2015 w.e.f 01.04.2015](e) Rs.15,000 and above | [(X X X)] [Omitted by Act 6 of 2008 w.e.f. 1.8.2008][(X X X)] [Omitted by Act 7 of 2009 w.e.f.1.4.2009][(X X X)] [Omitted by Act 7 of 2009 w.e.f.1.4.2009][(X X X)] [Omitted by Act, 14 of 2015 w.e.f 01.04.2015]Rs.200 per month |
| 2. [ [Substituted Act by 11 of 2005 w.e.f. 1.4.2005] | Legal practitionersincluding Solicitors and Notaries Public:-(a) in the BangaloreUrban Agglomeration where standing in the profession is-(i) less than 10years(ii) 10 years or morebut less than 20yearsNil(iii) 20 years ormore(b) in any other areain the State is-(i) less than 10years(ii) 10 years or morebut less than 20 years(iii) 20 years or more | NilRs.1500 per annumRs.2500 per annumRs.1000 per annumRs.1500 per annum] |
| 3. | Technical andProfessional Consultants other than those mentioned elsewhere inthe Schedule but including plumbing and Tax consultants:-(a) in the BangaloreUrban Agglomeration where standing in the profession is-(i) less than 2 years(ii) 2 years or morebut less than 5 years(iii) 5 years or morebut less than 10 years(iv) 10 years or more(b) in any other areain the State is-(i) less than 2 years(ii) 2 years or morebut less than 10 years(iii) 10 years or more | NilRs.1000 per annumRs.1500 per annumRs.2500 per annumNilRs.1000 per annumRs.1500 per annum |
| 4. | (i) Chief Agents,Principal Agents, Special Agents, Insurance Agents and Surveyorsor Loss Assessors registered or licensed under the Insurance Act,1938 (Central Act IV of 1938) whose annual income is not lessthan[Rs.1,20,000] [Substituted by Act 53 of 2013 w.e.f. 01.08.2013](ii) Pigmy Agents orUTI Agents whose annual income is not less than[Rs. 1,20,000] [Substituted by Act 53 of 2013 w.e.f. 01.08.2013]Explanation.- For thepurpose of this item income shall be deemed to be the commissionor any other remuneration by whatever name called, earned by theperson as such Chief Agent, Principal Agent, Special Agent,Insurance Agent, Survey or Loss Assessor or Pigmy Agents or UTIAgents. | Rs.1500 per annumRs. 1000 per annum |
| 6. | MedicalPractitioners, including Medical Consultants (other thanpractitioners of Ayurvedic, Homeopathic and Unani Systems ofmedicines), Dentists, Radiologists, Pathologists and personsengaged in other similar professions or callings of apara-medical nature:-(a) in the BangaloreUrban Agglomeration where standing in the profession is-(i) Less than 2 years(ii) 2 years or morebut less than 5 years(iii) 5 years or more(b) in any other areain the State-(i) Less than 2 years(ii) 2 years or morebut less than 5 years(iii) 5 years or morebut less than 10 years(iv) 10 years or more | NilRs.1000 per annumRs.2500 per annumNilRs.1000 per annumRs.1500 per annumRs.2500 per annum |
| 7 | Engineers, RCCConsultants, Architects and Management Consultants-(a) in the BangaloreUrban Agglomeration where standing in the profession is-(i) Less than 2 years(ii) 2 years or morebut less than 5 years(iii) 5 years or more(b) in any other areain the State-(i) Less than 2 years(ii) 2 years or morebut less than 10 years(iii) 10 years or more | NilRs.1000 per annumRs.2500 per annumNilRs.1000 per annumRs.1500 per annum |
| 8. | Members of Stock-Exchanges recognized under theSecurity Contracts (Regulation) Act, 1956 | Rs.2500 per annum |
| 9. | Estate agents orbrokers,(i) in BangaloreUrban Agglomeration,(ii) in any otherarea in the State(a) Income tax payees(b) Other than (a) above | Rs. 2500 per annumRs. 1500 per annumRs. 1000 per annum |
| 10. [ [Substituted by Act 06 of 2018. W.e.f 01.04.2018] | Contractors executing works contract as definedunder the Karnataka Goods and Services Tax Act, 2017 where thetotal consideration in relation to the supply of goods orservices or both in a year is Rs. 20 lakhs and above. | Rs. 2500 per annum] |
| 11. | (i) Race horse ownersand trainers licensed by the turf clubs.(ii) Jockeys licensedby the turf clubs / race clubs-(a) in case ofApprentice Jockeys(b) other than (a)above(iii) Bookmakers licensed by turf clubs | Rs. 2500 per annumRs. 1000 per annumRs. 2500 per annumRs. 2500 per annum |
| 12. | Self-employed personsin the motion picture industries as follows:(a) Directors, Actorsand Actresses (excluding Junior Artists), Playback Singers,recordists, editors(i) Income tax payees(ii) other than (i)above(b) Cameramen and still photographers | Rs. 2500 per annumRs. 1500 per annumRs. 900 per annum |
| 13. [ [Substituted by Act 06 of 2018 w.e.f 01.04.2018] | Persons registered or liable to be registeredunder the Karnataka Goods and Services Tax Act, 2017 where thetotal consideration in relation to the supply of goods orservices or both in a year is Rs.20 lakhs and above. | Rs. 2500 per annum] |
| 14. | Occupier of factories as defined under theFactories Act, 1948 | Rs. 1000 per annum |
| 15. | Employers ofestablishments defined under the Karnataka Shops and CommercialEstablishments Act, 1961,-(i) Where there areno employees(ii) Where not morethan 5 employees are employed(iii) Where more than5, but not more than 10 employees are employed(iv) Where more than 10 employees are employed | NilRs. 1000 per annumRs. 1500 per annumRs. 2500 per annum |
| 16. | Owners of Oil Pumps and Service stations | Rs. 2500 per annum |
| 17. | (i) Licensedwholesale dealers of liquors other than toddy and arrack(ii) Licensed imported foreign liquor vendorsother than those specified in (i) above. | Rs. 2500 per annumRs. 2500 per annum |
| 18. | (i) Owners ofresidential hotels or lodging houses having less than 20 rooms(ii) Owners of residential hotels or lodginghouses having 20 rooms or more | Rs. 1500 per annumRs. 2500 per annum |
| 19 | (i) Owners of cinematheatres but excluding touring talkies.(ii) Owners oftouring talkies(iii) Owners of video parlours | Rs.2500 per annumRs.1500 per annumRs. 1000 per annum |
| 20 | [Owners of transport vehicles(other thanauto rickshaws) run on their own or through others under permitsgranted] [Substituted by Act 5 of 2006 w.e.f. 1.4.2006]under the Motor Vehicles Act,1988.-(a) owning only onevehicle(b) owning more than one vehicle | Rs. 1000 per annumRs. 2500 per annum |
| 21. | Money lenders licensed under the Karnataka MoneyLenders' Act, 1961 | Rs. 2500 per annum |
| 22. | Individuals or institutions conducting chitfunds | Rs. 2500 per annum |
| 23. | Cooperative Societiesregistered under the Karnataka Cooperative Societies Act andengaged in any profession, trade or calling.-(i) State levelsocieties(ii) Cooperativesugar factories, spinning mills and banks(iii) District levelsocieties(iv) Below district level but not below taluklevel societies | Rs. 2500 per annumRs. 2500 per annumRs. 1500 per annumRs. 1000 per annum |
| 24. | Banking companies asdefined in the Banking Regulations Act, 1949[Explanation. - For thepurpose of this entry, 'banking companies' shall include any bankwhose operations are governed by the provisions of the BankingRegulation Act,1949 (Central Act 10 of 1949).] [Shall be deemed to have been inserted by Act 6 of 2008 w.e.f. 1.4.2003] | Rs. 2500 per annum |
| 25. | Companies registered under the Companies Act,1956 and engaged in any profession, trade or calling. | Rs. 2500 per annum |
| 26. | Each partner of a firm engaged in anyprofession, trade or calling. | Rs. 1000 per annum |
| 27. [ [Omitted by Act 06 of 2018 w.e.f 01.04.2018] | XXX] | XXXXXX |
| 28. | Photo laboratories,film processing laboratories and photo studios.-(i) in the BangaloreUrban Agglomeration or within the Municipal limits of DistrictHeadquarters/Town(ii) in any other area in the State | Rs. 1500 per annumRs. 500 per annum |
| 29. | (a) Nursing home andhospital other than those run by the State or Central Government.(b) Pathologicaltesting laboratories and X-ray clinics.-(i) in the BangaloreUrban Agglomeration or within the Municipal limits of DistrictHeadquarters / town(ii) in any other area in the State. | Rs. 2500 per annumRs. 2500 per annumRs. 1000 per annum |
| 30 | Beauty parlours, drycleaners and interior decorators-(i) in the BangaloreUrban Agglomeration or within the Municipal limits of DistrictHeadquarters / town(ii) in any other area in the State. | Rs. 1500 per annumRs. 1000 per annum |
| 31. | Film distributors | Rs. 2500 per annum |
| 32. | (a) Travel agents notfalling under sub-item(b) below.-(i) in the BangaloreUrban Agglomeration or within the Municipal limits of DistrictHeadquarters/Town(ii) in any otherarea in the State.(b) Air travel agents | Rs. 1500 per annumRs. 1000 per annumRs. 2500 per annum |
| 33. | Journalists | Rs. 1000 per annum |
| 34. | Advertising firms / agencies | Rs. 2500 per annum |
| 35. | Persons using photocopying machines for jobworks | Rs. 1000 per annum |
| 36. | Video cassette librabries | Rs. 1000 per annum |
| 37. | Educational Institutions and Tutorial Collegesor Institutes (other than those owned by the State or CentralGovernment or Institutions teaching Kannada or English shorthandor typewriting). | Rs. 2500 per annum |
| 38. | Persons owning /running STD/ISD/FAX Booths other than those owned / run byGovernment or physically handicapped persons.-(i) In the BangaloreUrban Agglomeration or within the Municipal limits of DistrictHeadquarters/Town(ii) In any other area in the State. | Rs. 600 per annumRs. 300 per annum |
| 39. | Persons providingentertainment using Dish Antennae and Cable TV-(i) In the BangaloreUrban Agglomeration or within the Municipal limits of DistrictHeadquarters/Town(ii) In any other area in the State. | Rs. 1500 per annumRs. 1000 per annum |
| 40. | Property Developers including Land Developersand Building / Flat Developers | Rs. 2500 per annum |
| 41. | Persons owning /running,(a) ComputerInstitutes selling time,(b) Computer Training Institutes / DrivingInstitutes / Technical Training Institutes | Rs. 2500 per annumRs. 1500 per annum |
| 42. | Persons owning Marriage Halls / Kalyana Mantaps. | Rs. 2500 per annum |
| 43. | Owners of bars and restaurants within the limitsof City Municipal Corporation. | Rs. 2500 per annum |
| 44. | Licence Holders ofdistilleries, bottling units and vending of arrack (other thansub lessees)(a) Cinematographfilm processors.(b) Owners of outdoor film shooting units | Rs. 2500 per annum 45Rs. 2500 per annumRs. 2500 per annum |
| [46 [Substituted by Act 06 of 2018. w.e.f 01.04.2018] | Persons licensed or approved as contractors bythe Railways, State or Central Government, Corporations, Localauthorities or any other persons or Agency namely contractorsconstructing roads, dams, canals, bridges, culverts includingcivil or masonry work, railway sleeper contractors, forestcontractors and electrical contractors where the totalconsideration in relation to the supply of goods or services orboth under the Karnataka Goods and Services Tax Act, 2017 in ayear is Rs.20 lakhs and above. | Rs. 2500 per annum ] |
| 47 | Transport contractors including forwarding andclearing agents | Rs. 2500 per annum |
| 48 | Bankers who are financing the trade againsthundies or other securities by way of short term advance oninterest. | Rs. 1500 per annum |
| 49 | (a) AuthorisedAssistant recognized by Stock Exchange(b) Stock brokers, sub-brokers recognized by theStock Exchange Board of India | Rs. 1000 per annumRs. 2500 per annum |
| 50 | Persons running weigh bridges | Rs. 1000 per annum |
| 51 | (a) Persons operatingcourier service(b) Agents of courierservice.-(i) in BangaloreUrban Agglomeration(ii) in any other area in the State. | Rs. 2500 per annumRs. 600 per annumRs. 300 per annum |
| 52 | Persons operating wireless services includingpagers service. | Rs. 2500 per annum |
| 53 | (a) Persons operatingmobile telephone service(b) Persons providinginternet service running internet cafes, information kiosks.(c) Persons operating e-commerce business | Rs. 2500 per annumRs. 2500 per annumRs. 2500 per annum |
| 54 | Persons operating Air taxi and helicopterservices | Rs. 2500 per annum |
| 55 | (a) Persons runningclubs including recreation clubs(b) Persons operating gymnasium | Rs. 2500 per annumRs. 2500 per annum |
| 56 | Persons organizing events, pageants, fashionshows and the like. | Rs. 2500 per annum |
| 57 | Persons operatingcity-taxi services(i) in the BangaloreUrban Agglomeration(ii) in any other area in the State | Rs. 1500 per annumRs. 1000 per annum |
| 58 | Persons providing bill boards | Rs. 1000 per annum |
| 59 | Designers andlandscaping consultants, Vaastu, Fengshui and other similarconsultants(i) in the BangaloreUrban Agglomeration(ii) in any other area in the State | Rs. 1500 per annumRs. 1000 per annum |
| 60 | Persons engaged in placement services | Rs. 2500 per annum |
| 61 | Persons running IT call centres | Rs. 2500 per annum |
| 62 | Multi-system operators (TV signal providers) | Rs. 2500 per annum |
| 63 | Yoga and ReikiTraining Centres(i) in the BangaloreUrban Agglomeration(ii) in any other area in the State | Rs.. 1500 per annumRs. 1000 per annum |
| 64 | Persons trading in REP licences and Exim scrips | Rs. 2500 per annum |
| [65 [Omitted by Act 5 of 2006 w.e.f. 1.4.2006] | [xxx] | |
| 66 | Persons running security services | Rs. 1500 per annum |
| 67 | Private radio broadcasters and operators | Rs. 1500 per annum |
| 68 | Astrologers,Astropalmists, Numerologists and Faith healers(i) in the BangaloreUrban Agglomeration(ii) in any other area in the State | Rs. 1500 per annumRs. 1000 per annum |
| [69 [Substituted by Act 5 of 2007 w.e.f. 1.4.2007] | Persons engaged inmaintenance or running of vehicle including bicycle parkingplaces or areas(i) in the BangaloreUrban Agglomeration(ii) in any other area in the State | Rs.2500 per annumRs. 1500 per annum |
| 70 | Persons owning orrunning places providing massage, sauna and other health andbeauty improvement services,(i) in the BangaloreUrban Agglomeration(ii) in any other area in the State | Rs. 2500 per annumRs. 1500 per annum |
| 71 | Persons acting asbrokers, commission agents and the like for purchase and sale ofold or used motor vehicles,(i) in the BangaloreUrban Agglomeration(ii) in any other area in the State | Rs.2500 per annumRs. 1500 per annum |
| 72 | Persons acting asagents, consultants and the like for any company or firm engagedin any business,(i) in the BangaloreUrban Agglomeration(ii) in any other area in the State | Rs.2500 per annumRs. 1500 per annum |
| 73 | Persons other than those mentioned in any of thepreceding entries who are engaged in any profession, trade,calling or employment and who are paying tax under the Income TaxAct, 1961 (Central Act 43 of 1961) | Rs. 2500 per annum |
| 74 | Persons other than those mentioned in any of thepreceding entries who are engaged in professions, trades,callings or employments as the State Government from time to timeby notification specify | Rs. 1000 per annum ] |