1975-HKRS28-16-23_Part02 — Page 64

Authenticated Laws 確真本香港法例 All

Aanradment of Hectiod 516.

Aasendment of perlom 54.

Amendment of

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clerk of the Board and shall be accompanied by a statement of the material on the basis of which it is proposed to exercise the powers of the Commissioner or deputy commissioner under subsection (1)

(4) Upon receipt of an application under subsection (L the Chairman of the Board of Review shall appoint three members from the panel of the Board of Review, one af whom shall be the Chairman or a deputy chairman, to con- sider the application.

I

(5) When the Board is considering an application, the Commissioner or his authorized representative may attend, bal the person in respect of whom the application is made may not attend.

(6) Subject to subsection (7), neither in the application nor on the consideration thereof shall the identity of the person in respect of whom the application' is made be revealed to the Board of Review.

ן |

(7) If the person on whom a notice under subsection (1) has been given so requests, the Commissioner shall furnish him with a certificate from the Chairman or deputy chairman of the Board of Review certifying that the Board's consent to the issue of the notice was given, and for the purpose of obtaining such a certificate the Commissioner shall reveal to the Chairman or deputy chairman the identity of that person,

(8) The decision of the Board of Review to grant of refuse consent shall be final.”.

Section 51B(1) of the principal Ordinance is amended-

(d) in paragraph (1) by inserting, after "thal person", the following- ", or of any other person, which may afford evidence material in assessing the liability of the first-mentioned person for tax,”; and

(b) by deleting paragraph (iii) and substituting the following-

"(d) to take possession of any books, records, accounts or documents of that person, and to make copies of such parts of any books, records, accounts or documents of any other person, as may afford evidence material in accessing the liability of the first-mentioned person for tax:".

Section 14 of the principal Ordinance is amended in paragraph (a) of the proviso by inserting, after "proceedings", the following-

4 other than an assessment to additional tax under section 82A,"

6. Section 80 of the principal Ordinance is amended-

(a) in subsection (1)

(i) by deleting, in paragraph (0), "section $101) or (3)" and substituting the following

"pection 51(3)"; and

(ii) by deleting, in paragraph (c). "51(2), (6)," and substituting the following-

***1(6).":

16) by deleting subsection (LA)

(c) by deleting subsection (2) and substituting the following-

"(2) Any person who without reasonable excuse--- (a) makes an incorrect return by omitting or under. stating anything in respect of which he is required by this Ordinance to make a retum, either on bis behalf or on behalf of another person or a partner- ship:

(6) makes an incorrect statement in connexion with a claim for any deduction or allowance under this Ordinance;

(e) gives any incorrect information in relation to any matter of thing affecting his own liability to tax or the liability of any other person or of a partnership: () fails to comply with the requirements of a notice

given to him under section $101); or

(e) fails to comply with section 51(2), shall be guilty of an offence: Penalty a fine of two thousand dollars and a further fine of treble the amount of tax which has been undercharged in consequence of such incorrect return, stalement or information, or would have been so undercharged if the return, statement or information had been accepted as correct, or which has been undercharged in consequence of the failure to comply with a notice under section 51(1) or a failure to comply with section 51(2), or which would have been undercharged if such failure had not been detected."*; and

(d) by inserting, after subacction (2), the following new subsections— "(ZA) In the case of an offence under paragraph (♂) of sublection (2), the court may order the person convicted to comply with the requirements of the notice given to him under section 51(1) within such time as may be specified in the order.

(B) Any person who does not comply with an order of the court under subsection (1) or (2A) or under section 51(48Xb) shall be guilty of an offence; Penalty a fine of five thousand dollars.".

7. Section 81 of the principal Ordinance is amended by deleting "One Aubeadmear thousand dollars" and substituting the following-

"fifty thousand dollars".

8. Section 82A of the principal Ordinance is amended-

(4) in subsection (1)—–—

by deleting the comma at the end of patagraph (c) and substituting the following-

": or":

(ii) by inserting, after paragraph (e), the following new para- graphs-

"(d) fails to comply with the requirements of a notice given

to him under section 51(1); or

(e) fails to comply with section 51(2),", and

(i) by deleting "the amount of tax which has been under- charged in consequence of the incorrect return, statement or

of section 81.

Amendmeal of scelloo #3A..

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