(1)Where any instrument chargeable with duty has not been duly stamped, the Chief Controlling Revenue Authority or any other officer authorized by the State Government (hereinafter referred to as the authorized officer) may, within [five years] from the date of commencement of the Karnataka Stamp (Amendment) Act, 1980 or the date on which the duty became payable whichever is later, serve notice on the person by whom the duty was payable requiring him to show cause why the proper duty or the amount required to make up the same should not be collected from him:Provided that where the non-payment was by reason of fraud, collusion or any wilful mis-statement or suppression of facts or contravention of any of the provisions of this Act or of the rules made thereunder with intent to evade payment of duty, the provisions of this sub-section shall have effect, as if for the words [five years] [Substituted by Act 16 of 1983 w.e.f. 1.4.1972] the words [ten years] [Substituted by Act 16 of 1983 w.e.f. 1.4.1972] were substituted:Provided further that nothing in this sub-section shall apply to instruments executed prior to first day of April, 1972.Explanation. - Where the service of a notice, under this sub-section is stayed by an order of a court, the period of such stay shall be excluded in computing the aforesaid period of [five years] [Substituted by Act 16 of 1983 w.e.f. 1.4.1972] or [ten years] [Substituted by Act 16 of 1983 w.e.f. 1.4.1972], as the case may be.
