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Section 4: Charge of tax

The Kerala Tax on Employment Act 1976State Act of Kerala · Act 14 of 1976

(1) Subject to the other provisions contained in this Act, there shall be charged on every person who exercises a profession, art or calling or transacts business or holds any appointment, public or private, within the State, a half-yearly tax (hereinafter referred to as tax on employment) at the rate specified in the Schedule.

Explanation.—A person shall be deemed to have exercised a profession, art or calling or held an appointment within the State, if that person has an office or place of employment within the State.

1 Inserted by Act 16 of 1977 (w.e.f. 13.06.1977).

4

(2) A person shall be chargeable under the class appropriate to his aggregate income from all the sources specified in sub-section (1) as being liable to the tax on employment.

(3) Where, for the purpose of transacting business within the State, a person has an office or has an agent or firm to represent him, such person shall be deemed to transact business within the State, whether or not such office, agent or firm has power to make binding contracts on behalf of such person, and the person in charge of such office or the agent or firm, as the case may be, shall be liable to the tax payable by the first mentioned person.

(4) A person otherwise liable to the tax on employment shall not cease to be liable to that tax by reason only of his head office or the place from which his business is controlled being situated outside the State or by reason only of the fact that his transactions are closed outside the State.

Explanation.—For the purposes of this section, “aggregate income” shall not include overtime wages or local allowances or allowances for house rent, carriage hire or travelling expenses or pension.

Where this provision sits

ActThe Kerala Tax on Employment Act 1976
Section4
Marginal noteCharge of tax
JurisdictionState of Kerala
StatusIn force as published by the source

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