Amarsmenta
or amended
BANKRUINONLIN
to be Goal.
Poortsions regarding payment of tax.
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determined by the Board, or may remit the case to the Board with the opinion of the court thereon. Where a case is so remitted by the court, the Bourd shall revise the assessment as the opinion of the court may require.
(6) In any proceedings before the Supreme Court under this section, the court may make such order in regard to costs in the Supreme Court and in regard to the sum paid under sub-saction (1) as to the court may seem fit.
(7) Appeals from decisions of the Supreme Court under this section shall be governed by the provisions of the Supreme Court Ordinance, 1873, the Code of Civil Procedure, the Full Court Ordinance, 1933, and the Orders and Rules governing appeals to the Privy Council.
General.
45. Where no valid objection or appeal has been lodged within the time limited by this Chapter against an assessment as regards the amount of the assessable income assessed thereby, or where the amount of the assessable income has been agreed to under section 39 (2), or where the amount of such assessable income has been determined on objection or appeal, the assessment as made or agreed to or determined on appeal, as the case may be, shall be final and conclusive for all purposes of this Ordinance as regards the amount of such assessable income:
Provided that nothing in this Chapter shall prevent an Examiner from making an assessment or additional assessment for any year of assessment which does not involve re-opening any matter which has been determined on appeal for the
CHAPTER VIII.
PATMENT AND RECOVERY OF TAX.
усат.
46(1) The tax charged by any assessment shall be paid in the manner directed in the notice of assessment on or before a date specified in such notice. Any tax not so paid shall be deemed to be in default, and the person by whom such tax is payable or, where any tax is payable by more than one person or by a partnership, then each of such persons and each partner in the partnership, shall be deemed to be a defaulter, for the purposes of this Ordinance.
(2) Tax shall be paid notwithstanding any notice of cbjection or appeal, unless the Commissioner orders that payment of tax or any part thereof be held over pending the result of such objection or appeal,
(3) Where the Commissioner of opinion either that the tax or any part thereof held over under sub-section (2) is likely to become irrecoverable, or that the appellant is unreasonably delaying the prosecution of his appeal, he may cancel order made under that sub-cection and make such fresh order as the case may appear to him to require.
any
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(4) Where, upon the final determination of an appeal under Chapter VII, or upon any order made by the Commis slouer, any tax which has been held over under sub-section (2) becomes payable or the tax charged by the original assessment is increased, the Commissioner shall give to the appellant a notice in writing fixing a date on or before which any tax or balance of tax shall be paid. Any tas not so paid shall be deemed to be in default.
(5) Where any tax is in default, the Commissioner may
in his discretion order that a sum or sums not exceeding five per centum in all of the amount in default shall be added to the tax and recovered therewith,
44 tax
47. In the succeeding sections of this Chapter, includes any sure or sums added under section 46 (5) by reason of default, together with any fines, penalties, fees, or costs incurred.
Tac ty include fines, ca.
48.--(1) Save us provided in sub-section (2), tax in Tax to be default shall be a first charge upon all the assets of the Brat barga, defaulter :
Provided that--
(i) auch charge shall not extend to or affect any assets sold by the defaulter to a bond fide purchaser for value prior to the seizure of the same in accordance with the provisions of section 49;
(i) as regards immovable property, the tax shall not rank in priority to any lease or encumbrance created bond fide for value and registered prior to the date of such seizure; and
(iii) as regards movable property, where tax for more than one year of assessment is in default, the tax for one year only, to be selected by the Commissioner, shall rank in priority to any lien or encumbrance created bond fide for value prior to the date of default.
(2) A receiver shall pay out of the assets under his control the tax churged or chargeable for one complete pear of assessment prior to the date of the insolvency, bankruptcy. or liquidation, to be selected by the Commissioner, as a first charge on such assets and any other tax charged or chargeable for periods prior to such date shall be an unsecured debt:
Provided that where the receiver proves to the satisfaction of the Commissioner that any tax to which this sub-section applies is excessive, the Commissioner may, notwithstanding the provisions of section 45, review the assessment in respect of which the tax is charged and make such adjustment as he may in his discretion think reasonable.
49-(1) The Commissioner may appoint persons to be Recovery Collectors.
(2)(a) Where any tax is in default, the Commissioner may issue a certificate to any Collector or bailiff containing particulars of such tax and the name of the defaulter, and the
of tax by seizure and Malo.
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