1964_INLAND_REVENUE_ORDINANCE — Page 161

Inland Revenue

[1989 Ed.

make a claim under subsection (1) for a refund of tax overpaid. In the event of a refund being made to the other person his receipt shall be a valid discharge in respect of the amount of overpaid tax so refunded. (Replaced 4 of 1989 s. 5)

PART XIV

PENALTIES AND OFFENCES

80. Penalties for failure to make returns,

making incorrect returns, etc.

(1) Any person who without reasonable excuse-

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

under section 51(3), 51A(1), 52(1) or (2), or 64(2); or

(b) fails to attend in answer to a summons issued under section 64(2) or 68(6), or having attended fails to answer any questions put to him, being questions which, under section 64(2) or 68(6), as the case may be, may be put to him; or

(c) fails to comply with the requirements of section 5(2)(c), 5(4),

51(6), (7) or (8), 51C(1), 51D(1), 52(4), (5), (6) or (7), or 76(3),

- shall be guilty of an offence: Penalty a fine of $5,000, and the court may order the person convicted within a time specified in the order to do the act which he has failed to do. (Replaced 35 of 1965 s. 40. Amended 26 of 1969 s. 37; 2 of 1971 s. 46; 43 of 1975 s. 6; 8 of 1983 s. 19; L.N. 411 of 1984; 17 of 1989 s. 18)

(1A) (Repealed 43 of 1975 s. 6)

(2) Any person who without reasonable excuse-

(a) makes an incorrect return by omitting or understating anything in respect of which he is required by this Ordinance to make a return, either on his behalf or on behalf of another person or a partnership;

(b) makes an incorrect statement in connection with a claim for any

deduction or allowance under this Ordinance:

(c) gives any incorrect information in relation to any matter or thing affecting his own liability to tax or the liability of any other person or of a partnership;

(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),

shall be guilty of an offence: Penalty a fine of $5,000 and a further fine of treble the amount of tax which has been undercharged in consequence of such incorrect return, statement 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