Reduction of Additional Tax
Table of Provisions (6)
Statutory Text (6 Articles)
L.N. 127 of 2003
INCOME TAX ACT
(CAP. 123)
Reduction of Additional Tax
(Default in Furnishing Return) Rules, 2003
IN exercise of the powers conferred by article 96 and by item 10(b)
of the Schedule to the Income Tax Act, hereinafter referred to as “the
Act”, the Minister of Finance and Economic Affairs has made the
following rules>–
(1) The title of these rules is the Reduction of Additional Title and
commencement.
Tax (Default in Furnishing Return) Rules, 2003.
(2) These rules shall apply in respect of the year of
assessment commencing on the 1st January, 2003 and subsequent years
of assessment.
In these rules>–
Interpretation.
“additional tax” means the additional tax chargeable in
accordance with the provisions of article 56(12)(c) of the Act and
the provisions of the Schedule in respect of a default in furnishing
a return<
“Schedule” means the Schedule to the Act<
The Commissioner may remit such part or all of the additional Certain powers of
the Commissioner.
tax otherwise due in accordance with the provisions of the Schedule, as
he may deem fit, provided that>
(a) the Commissioner may impose as a condition for any
such remission the requirement that the person concerned shall
not make another default in furnishing his return within such period
as the Commissioner may establish, as well as such other conditions
as he may deem fit>
(b) should any condition imposed by the Commissioner in
accordance with the provisions of paragraph (a) hereof be infringed
by the person concerned, any reduction of additional tax granted
by the Commissioner in addition to the reductions contemplated
by the other provisions of these rules shall be forfeited>
(c) if forfeiture is so due, under the provisions of sub-rule
(b) hereof, any additional reduction made under the provisions of
this rule shall be deemed to have been a suspension of liability to
the said additional tax, and not the cancellation of the relevant
additional tax<
(d) the Commissioner shall communicate in writing to the
person concerned any condition imposed under sub-rule (b) hereof,
the consequences of infringement of any such condition and, if
such is the case, the fact that forfeiture has been incurred.
The use of the Commissioner’s discretion for the purposes of
these rules shall not be questioned in any appeal.
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