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Finance Act, 1992
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Amendment of section 21 (miscellaneous) of Finance Act, 1988.

33.—(1) Section 21 of the Finance Act, 1988 , is hereby amended by the substitution of “the Tax Acts and the Capital Gains Tax Acts” for “the Tax Acts”—

(a) in subsection (3) (as amended by the Finance Act, 1991 ), and

(b) in both places where it occurs in subsection (4), and the said subsections (3) and (4), as so amended, are set out in the Table to this section.

(2) Subsection (1) shall be deemed to have come into operation on the 6th day of April, 1991.

TABLE

(3) Where the inspector or any other officer of the Revenue Commissioners acting with the knowledge of the inspector causes to issue, manually or by any electronic, photographic or other process, a notice of preliminary tax bearing the name of the inspector or a notice of assessment or a notice of an amendment of an assessment bearing the name of the inspector, the said notice of preliminary tax shall, for all the purposes of the Tax Acts and the Capital Gains Tax Acts, be deemed to have been given by the inspector to the best of his opinion and the said assessment or amended assessment to which the notice of assessment or notice of amended assessment relates, as the case may be, shall, for those purposes, be deemed to have been made by the inspector to the best of his judgment.

(4) An assessment which is otherwise final and conclusive shall not, for any purpose of the Tax Acts and the Capital Gains Tax Acts, be regarded as not final and conclusive or as ceasing to be final and conclusive by reason only of the fact that the inspector has amended or may amend the assessment pursuant to the provisions of section 14 and where, in the case of a chargeable person, the inspector elects under section 13 (4) not to make an assessment for a chargeable period, the provisions of the Tax Acts and the Capital Gains Tax Acts shall apply as if an assessment for that chargeable period made on the chargeable person had become final and conclusive on the date the notice of election is given.