ACT No. XXIII of 1995 AN ACT 10 amend the Income Tax Managemem Act, 1994.

I assen! .

Uoo M IFSUD B Ol'o"NICI

President

(LS.)

28th J uly, 1995

ACT No. XXIII of 1995

AN ACT 10 amend the Income Tax Managemem Act, 1994.

BE IT ENAC I EO by the President , by and wi th the advice and

consent of the Ho use o f Representatives, in this present Parliament

assembled , and by the authority of the same, as follows:-

I. (I) This Act may beciled as the Income Tax Management

(Amendment) Act. 1995. and shall be read and construed as one with

the Income Tax Management Act, hereinafler refe rred to as "the prin-

cipal Act"'.

The provisions of section 5 of this Act shal l be deemed

(2)

10 have come imo force on the 23rd September. 1994.

In subsection 3 of section 32 of the pri ncipal Act, for the oec1io11

words "within five years from 1st January 1992'" there shall be substi· pril>dpal "'",

tuted the words "within seven years from I SI January 1992".

In section 33 of the principal Act

(a) in subsection (2) thereof for the words "within fifteen

days" there shal l be substituted the words "within thirty days'";

(b) immediately after the proviso to subsection (2) thereof

there shall be added the followi ng two provisos

"Provided also that no such notice may be validly en·

tered against any assessment unless

(a) the return for the respective year of assess·

ment has been filed in teons of sections 10 and I I of

this Act before the notice is given to the Commission·

er;

(b) the tax not in dispute for the said year of as·

sessment has been paid in full before the ti me limit set

out in subsecion (I) of section 42 of this Act where the

main income of the person for the year immediately

preceding the said year of assessment is derived from

sources other than those falling under paragraphs (b)

and (d) of subsection (I) of section 4 of the Income

Tax Act which are subject to deduction of tax under

the PAYE rules.

Provided further that where any person has already

delivered any notice under this section against any as:;ess·

ment and such assessment is still not final and conclusive in

temlS of section 38 of this Act he shall comply with the

preceding proviso hereto by the 29th March , 1996. other-

wise the notice given shall Dot be considered as having been

validly entered.'"

In paragraph (b) of subsection ( I) of section 40 of lhe princi- SOCIiooo..o of Ibo

pal Act, for the words "of the Income Tax Act;"' there shall be substi· principal "'",

tuted the words "of this Act;".

In subsection ( 1) of section 44 of the pri ncipal Act, for the

words "provided for in subsection (I ). (2) or (3) of section 42 or ill

section 45 of th is Act" there shall be substi tuted the words " provided

for in subsection (\). (2) or (3) of section 42, in section 4 5 o f this Act

or in subsection (8) of section 9A of the Income Tax Act." .

Passed by the House of Representatives al Sitt ing No. 446 of the 24th

LAWRENCE GoNZI

Speuker

R ICHARD J . CAUCHI

Clerk. of the House of Representatives

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