Amnesty

24/04/1996

Query

Evidence required to preclude Insepctor from continuing with his enquiries

Decision

The taxpayer relying on section 5 must present a copy of the certificate issued by the Chief Special Collector under section 2(4)(a) or 3(6)(c) of the Waiver of Certain Tax, Interest and Penalties Act 1993

Income Tax

Section 5, WCTI&P, 1993

Origin: RLS Division

File ref:IT962004


12/01/1998

Query

Where there is evidence that taxpayer had not paid the full amount of arrears of tax due under the amnesty, should the Inspector proceed to list the case inaccordance with section 5 WCTI&P Act.

Decision

The Appeal Commissioners should not be asked to rule on a certificate which was known to be or considered to be void. Accordingly, where there was evidence that the taxpayer had not paid the full amount of the arrears due, prima facie the certificate issued by the Chief Special Collector under section2(4) or 3(6)(c) was void and the Inspector should proceed on this basis.

Income Tax

Section 5, WCTI&P, 1993

Origin: RLS Division

File ref:IT982000




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