Finance Act, 1963
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Penalty for fraudulently or negligently making incorrect returns, etc. |
74.—(1) Where a person fraudulently or negligently— | |
(a) delivers any incorrect return or statement of a kind mentioned in any of the provisions specified in the first column of the Third Schedule to this Act, | ||
(b) makes any incorrect return, statement or declaration in connection with any claim for any allowance, deduction or relief, or | ||
(c) submits to the Revenue Commissioners, the Special Commissioners or an inspector of taxes any incorrect accounts in connection with the ascertainment of his liability to income tax (including sur-tax), | ||
he shall, subject to section 76 of this Act, be liable to a penalty of— | ||
(i) one hundred pounds, and | ||
(ii) the amount, or, in the case of fraud, twice the amount, of the difference specified in subsection (1) of section 75 of this Act. | ||
(2) Where a person fraudulently or negligently furnishes, gives, produces or makes any incorrect return, information, certificate, document, record, statement, particulars, account or declaration of a kind mentioned in any of the provisions specified in the second or third column of the Third Schedule to this Act, he shall, subject to section 76 of this Act, be liable to a penalty of one hundred pounds, or, in the case of fraud, of two hundred and fifty pounds. | ||
(3) Where any such return, statement, declaration or accounts as is or are mentioned in subsection (1) of this section was or were made or submitted by a person neither fraudulently nor negligently and it comes to his notice (or, if he has died, to the notice of his personal representatives) that it or they was or were incorrect, then, unless the error is remedied without unreasonable delay, the return, statement, declaration or accounts shall be treated for the purposes of this section as having been negligently made or submitted by him. | ||
(4) Subject to subsection (2) of section 77 of this Act, proceedings for the recovery of any penalty under subsection (1) or (2) of this section shall not be out of time by reason that they are commenced after the time allowed by subsection (1) of section 10 of the Finance Act, 1925 . |