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Ordinance

No. 39 of 1932.

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(d) in the case of a partnership, a partner;

(e) in the case of a body of persons, a member;

body of persons includes any partnership, any body corporate or collegiate, any fraternity, fellowship, association, or society of persons, whether corporate on a business, and any family t'ong, but does not include a company;

business"

includes agricultural undertaking and poultry and pig rearing;

Commissioner" includes the Commissioner of Inland Revenue appointed under this Ordinance, and the Deputy Commissioner, and Assistant Commissioner specially authorized by the Commissioner either generally or for some specific purpose to act on behalf of the Commissioner;

an

corporation means any company which is either incorporated or registered under the Companies Ordinance,

1932;

"Deputy Commissioner " means the Deputy Commis- sioner of Inland Revenue appointed under this Ordinance;

Examiner" means an Examiner appointed under this

Ordinance;

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2 executor means any executor, administrator, or other person administering the estate of a deceased person, and includes a trustee acting under a trust created by the last will of the author of the trust;

"incapacitated person or person of unsound mind;

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means any minor, lunatic, idiot,

"Ordinance" includes any Ordinance amending or sub- stituted for the Ordinance referred to, and any rules, regula- tions, or by-laws under any of such Ordinances;

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owner," in relation to land and improvements thereon, includes a person who holds such land and improvements subject to a ground rent or other annual charge;

C

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person includes a company or body of persons; "precedent partner means the partner who, of the active partners resident in the Colony-

(a) is first named in the agreement of partnership; or

(b) if there is no agreement, is specified by name or initials singly or with precedence to the other partners in the usual name of the partnership; or

(c) is first named in any statutory statement of the names

of the partners;

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'prescribed '

this Ordinance;

means prescribed by or in pursuance of

"profits means the net profits for any period calculated

in accordance with the provisions of Chapter IV of this Ordinance;

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receiver includes any receiver or liquidator, and any assignee, trustee, or other person having the possession or control of the property of any person by reason of insolvency or bankruptcy;

LE tax means any tax imposed by this Ordinance;

F

'trade" includes every trade and manufacture, and

every adventure and concern in the nature of trade;

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trustee includes any trustee, guardian, curator, manager, or other person having the direction, control, or management of any property on behalf of any person, but does not include an executor;

"United Kingdom means the United Kingdom of Great Britain and Northern Ireland;

"Written-down value

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means the residue of the cost to the owner thereof of any plant, machinery or fixtures after deducting a sum representing the total depreciation which has occurred in such plant, machinery or fixtures since the date of purchase by him;

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'year of assessment means the period of twelve months commencing on the first day of April, nineteen hundred and forty, or any subsequent period of twelve months commencing on the first day of April;

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' year preceding a year of assessment means the period of twelve months ending on the thirty-first day of March immediately prior to such year of assessment;

Revenue.

3(1)(a) There shall be a Board of Inland Revenue Board of composed of the Financial Secretary and four other members and appointed by the Governor, of whom not more than one shall be an official in the employment of the Government. member so appointed shall hold office until he shall resign or be removed from office by the Governor.

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(b) Three members of the Board of Inland Revenue shall form a quorum for the transaction of business and when the Financial Secretary is present he shall be the Chairman.

(c) All matters coming before the Board of Inland Revenue shall be decided by a majority of votes, and in the case of an equality of votes the Chairman or presiding member shall have a second or a casting vote.

(2) For the purposes of this Ordinance, the Governor may appoint a Commissioner, a Deputy Commissioner, Assistant Commissioners, and Examiners.

(3) An assistant Commissioner exercising or performing any power, duty, or function of the Commissioner under this Ordinance shall be deemed for all purposes to be authorized to exercise or perform the same until the contrary is proved.

(4) All powers conferred upon an Examiner by this Ordinance may be exercised by an Assistant Commissioner.

4. (1) Except in the performance of his duties under official this Ordinance, every person who has been appointed under secrecy. or who is or has been employed in carrying out or in assisting any person to carry out the provisions of this Ordinance shall preserve and aid in preserving secrecy with regard to all matters relating to the affairs of any person that may come to his knowledge in the performance of his duties under this Ordinance, and shall not communicate any such matter to any person other than the person to whom such matter relates or his authorized representative, nor suffer or permit any person to have access to any records in the possession, custody or control of the Commissioner.

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