Finance Act 2007
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Amendment of Part 40 (appeals) of Principal Act. |
20.— (1) Part 40 of the Principal Act (as amended by the Finance Act 2005 ) is amended— | |
(a) in section 934, by substituting the following for subsection (6): | ||
“(6) Where an appeal is determined by the Appeal Commissioners, the inspector or other officer shall, unless either— | ||
(a) the person assessed requires that that person’s appeal shall be reheard under section 942, or | ||
(b) under the Tax Acts a case is required to be stated for the opinion of the High Court, | ||
give effect to the Appeal Commissioners’ determination and thereupon, if the determination is that the assessment is to stand or is to be amended, the assessment or the amended assessment, as the case may be, shall have the same force and effect as if it were an assessment in respect of which no notice of appeal had been given.”, | ||
(b) in section 941, by substituting the following for subsection (9): | ||
“(9) If the amount of the assessment is altered by the order or judgment of the Supreme Court or the High Court, then— | ||
(a) if too much tax has been paid, the amount overpaid shall be refunded with interest in accordance with section 865A, or | ||
(b) if too little tax has been paid, the amount unpaid shall be deemed to be arrears of tax (except in so far as any penalty is incurred on account of arrears) and shall be paid and recovered accordingly.”, | ||
(c) in section 942, by substituting the following for subsection (6): | ||
“(6) Where an appeal is determined by the judge, the inspector or other officer shall, unless under the Tax Acts a case is required to be stated for the opinion of the High Court, give effect to the judge’s determination and thereupon, if the determination is that the assessment is to stand or is to be amended, the assessment or the amended assessment, as the case may be, shall have the same force and effect as if it were an assessment in respect of which no notice of appeal had been given.”, | ||
and | ||
(d) in section 945(2), by inserting “and” at the end of paragraph (h) and by deleting paragraph (i). | ||
(2) Subsection (1) applies in relation to appeals determined by the Appeal Commissioners, or by a judge of the Circuit Court, on or after the date of the passing of this Act. |