1941-HKRS28-8-2_Part01 — Page 33

AKREATIONta

to be Angl

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has been stated on his application and shall supply him with a copy of the stated case."

(4) Any Judge of the Supreme Court may cause a stated case to be sent back for amendment and thereupon the case shall be amended accordingly.

(5) Any Judge of the Supreme Court shall bear and determine any question of law arising on the stated case and may in accordance with the decision of the court upon such question confirm, reduce, increase, or annul the assessment determined by the Board, or may remit the case to the Board with the opinion of the court thereou. Where a case is so remitted by the court, the Board 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 costa in the Supreme Court and in regard to the sum paid under sub-section (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, 1878, the Code of Civil Procedure, the Fall Court Ordinance, 1933, and the Orders and Rules governing appeals to the Frivy Council.

General.

55. Where no valid objection or appeal has been lodged or needed 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 bas been agreed to under section 49 (3), 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:

Provisions regarding payout

of tax.

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 year.

CHAPTER IX.

PAYMENT AND RECOVERY OF TAX.

56-(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 objection 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.

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(3) Where the Commissioner is 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 any order made under that sub-section and make such fresh order as the case may appear to him to require.

(4) Where, upon the final determination of an appeal under Chapter VIII, or upon any order made by the Comrais- sioner, any tax which has been held over under sub-section (2) beconies 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 tax not so paid shall be deemed to be in default.

(6) 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.

(8) Notwithstanding anything contained in the previous sub-sections of this section the Commissioner may agree to accept payment of Salaries Tax by instalments not exceeding four in number.

Tax to include

57. In the succeeding sections of this Chapter, "Lax' includes any sum or sums added under section 56 (5) by ss. st. reason of default, together with any fines, penalties, fees, or costs incurred.

58.-(1) Save as provided in sub-section (2), lax in Tax to be a default shall be a first charge upon all the assets of the first bargs. defaulter:

Frovided that---

(i) such charge shall not extend to or affect any asocis 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 59;

(ii) 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 esizure; and

(iii) as regards movable property, where tax for more than one year of assessment is in default, the lax for one year only, to be selected by the Commissioner, shall rook 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 charged or chargeable for one complete year of assessment prior to the date of the insolvency, bankruptcy, or liquidation, to be selected by the Commissiouer, as a first charge on such assets and any other tax charged or chargeable for periods prior to such dale 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 55, review the assessment in respect of which the tax is charged and make such adjustment as he may in his discretion think reasonable.