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Allowance for maintenance, repairs, insurance and management.
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24.—(1) If the owner of any property the assessment on which is reduced under section 23 for the purposes of collection shows that the cost to him of maintenance, repairs, insurance, and management, according to the average of the preceding five years, has exceeded, in a case to which section 23 (1) (a) applies, one-eighth part of the annual value of the land as adopted under Schedule A and, in a case to which section 23 (1) (b) applies, one-third part of that value, he shall be entitled in addition to any reduction of the assessment for the purposes of collection, on making a claim for the purpose, to repayment of the amount of the tax on the excess:
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Provided that—
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(a) no repayment of tax shall be made under this subsection in respect of the cost of maintenance, repairs, insurance or management, if or to such extent as that cost has been otherwise allowed as a deduction in computing income for the purposes of income tax; and
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(b) a claimant shall not be entitled to relief under this subsection in respect of any income the tax on which he is entitled to charge against any other person, or to deduct, retain or satisfy out of any payment which he is liable to make to any other person.
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(2) In comparing, for the purpose of this section, the cost of maintenance, repairs, insurance, and management of any land or houses with the annual value of the land or houses, the total cost of the maintenance, repairs, insurance and management on any land managed as one estate, or of any houses on any such land, shall be compared with the total annual value of the land or houses, as the case may be.
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(3) The provisions of Schedule 4 and of paragraph IX of Schedule 18 shall apply to claims for repayment under this section:
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Provided that if the owner of any land or house makes and delivers to the inspector a declaration as to the cost to him of maintenance, repairs, insurance, and management, and the inspector is satisfied as to the correctness of the declaration, the amount of the allowance to which the owner is entitled under this section shall be certified by the inspector, and repayment shall thereupon be made in accordance with his certificate.
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(4) In computing the five-year average for the purposes of this section, the year shall be taken to be the year ending on the 31st day of March, or such other date as may be adopted by the owner of the land or houses with the consent of the inspector, and the five preceding years shall be taken to be those preceding the commencement of the year for which the tax in respect of which a claim for repayment is made is charged.
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(5) For the purposes of this section “maintenance” shall include the replacement of farmhouses, farm buildings, cottages, fences, and other works where the replacement is necessary to maintain the existing rent.
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