| 22/5/2012 |
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| Board of Special Commissioners - Cases |
| Case No. 12/94 |
Decided: 21 October, 1997 |
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The Board rejects the Commissioner's invocation of article 36(c) and orders the cancellation of the assessment under appeal as when the Commissioner issued the refusal the company had submitted its return and financial statements
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Before issuing the assessment the Commissioner had requested appellant company several times to deliver its financial statements and auditor's report which should have accompanied the company's tax return. The Commissioner alleged that the company had still failed to do so at objection stage and up to the date when he sent it the refusal.
Appellant maintained that it had actually sent the financial statements before the service upon it of the refusal.
The Commissioner said that appellant had indeed submitted a balance sheet and a profit and loss account at objection stage but these had not tallied with the one submitted with the appeal form. Besides these had not been signed by the directors.
During the course of the hearing the Commissioner admitted that appellant had submitted its return and accounts before the issue of the refusal even though these had not been signed by the directors. The Commissioner asked the Board to reject the company's appeal in terms of article 36(b) ITMA.
The Board held that as the Commissioner decided to issue the refusal he actually had in his possession the company's return and financial statements, the assessment under appeal was to be cancelled.
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