Amendment of section 22.
4
(b) a penalty equal to the amount of the estate duty (if any) at the rate set out in the applicable Schedule remaining unpaid for which he or the company is accountable. according as the Commissioner elects.”.
5. Section 22 of the principal Ordinance is amended-
(a) by deleting subsections (1) and (2) and substituting the
following-
"Appeal to Supreme Court:
D
cl påYGDH
of duty
(1) Any person who is aggrieved by a decision of the Commissioner under sub- section (12) of section 14 or by an assess- ment of the Commissioner under subsection (15) of section 14 as to the amount of estate duty payable and whether he is aggrieved on the ground of—
(a) property being considered to be property in respect of which estate duty is payable and for which be is considered accountable:
(6) the valuation of any property; or (c) the rate of duty charged.
may, subject to subsection (1A), on pay- ment of or giving security for as hereinafter mentioned, the duty claimed by the Com- missioner or such portion of it as is then payable by him. appeal to the Supreme Court within three months from the date of notification of the decision or assessment and his accountability or the amount of duty payable shall be determined by the Supreme Court and if the duty is less than that paid to the Commissioner or if no duty is pay- able the excess shall be repaid.
(LA) The Commissioner may, where satisfied that a person proposes to appeal under subsection (1), allow payment of the duty claimed by him to be postponed for such period, to such extent and on payment of such interest (if any) not exceeding eight per centum per annum and on such terms ag the Commissioner may think fit
appeal to Delict Court:
NO ADDER without felves
$
(1B) Where the value of the property as alleged by the Commissioner in respect of which the dispute arises does not exceed one hundred thousand dollars the appeal under this section shall be to the District Court.
(2) No appeal shall be allowed from any order, direction, determination or deci- sion of the Supreme Court or the District Court under any appeal under this section except with the leave of the Supreme Court or the District Court, as the case may be, or of the Full Court.":
(b) in subsection (4), by inserting after "Supreme Court" the
following-
"or the District Court, as the case may be,”.
Section 25 of the principal Ordinance is repealed and replaced by the following-
6.
"Notifica-
25. (1) Where a deceased person had at the tion of date of his death any interest, whether as partner, interest of deceased depositor or creditor, in any bank or business under- persen in
taking within the Colony, the bank or business under- bank or
taking, or, in the case of a bank or business under- business undertaking. taking which is not a body corporate, the person having the management thereof, shall, within one month from the date of first receiving information of either his interest or the death of such deceased person, whichever shall be the later, notify the Com- missioner of such death and of the extent of the interest of the deceased in the bank or business under- taking, and in default of such notification as aforesaid a penalty of one thousand dollars shall be recoverable from the bank or business undertaking, or the owner thereof in the case of an unincorporated body.
(2) Where any business undertaking is carried on in a firm name the penalty prescribed by this section shall also be deemed to be due from the firm and may be recovered in an action against the firm in the firm name.
(3) In any proceedings for the recovery of the penalty prescribed by this section, the onus of proving that he has not rendered himself liable to the penalty shall be on the person, company or firm from whom it is sought to recover it.”.
Repeal and replacement of Bection 25.