Finance Act, 1994
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Right of appeal of persons dissatisfied with assessment. |
109.—(1) The Act of 1891 is hereby amended by the substitution of the following section for section 13: | |
“13.—(1) In this section— | ||
‘Appeal Commissioners’ has the meaning assigned to it by section 156 of the Income Tax Act, 1967 ; | ||
‘appellant’ means a person who appeals to the Appeal Commissioners under subsection (2) of this section; | ||
‘assessment’ means an expression by the Commissioners of their opinion pursuant to section 12 of this Act and includes a decision of the Commissioners relating to the value, for the purposes of this Act or under Chapter II of Part IV of the Finance Act, 1973 , of any stocks, shares or other securities which are not dealt with on a stock exchange and where such a decision leads to such an expression by the Commissioners of their opinion. | ||
(2) Any person who is dissatisfied with the assessment of the Commissioners and who is an accountable person in relation to such assessment may, on payment of duty in conformity therewith, appeal to the Appeal Commissioners against the assessment and the appeal shall be heard and determined by the Appeal Commissioners whose determination shall be final and conclusive unless the appeal is required to be reheard by a judge of the Circuit Court or a case is required to be stated in relation to it for the opinion of the High Court on a point of law. | ||
(3) A person who intends to appeal under this section against an assessment shall, within 30 days after the date of the assessment, give notice in writing to the Commissioners of such intention. | ||
(4) Subject to the provisions of this section, the provisions of Part XXVI (Appeals) of the Income Tax Act, 1967 , shall, with any necessary modifications, apply as they apply for the purpose of income tax.”. | ||
(2) Section 19 of the Finance Act, 1923 , shall cease to apply to the valuation for the purposes of the Act of 1891 of any stocks, shares or other securities which are not dealt in on a stock exchange. | ||
(3) Section 36 of the Finance Act, 1972 , and paragraph (a) of section 74 of the Finance Act, 1973 , are hereby repealed. | ||
(4) This section shall have effect as respects instruments executed after the passing of this Act. |