CHAPTER 75:01 - Inland Revenue Division

Income Tax Act Mac 1
Vol. 1
(4) Where the Board disallows an objection for the reason that it is not satisfied
under subsection (3), an appeal shall lie to the Appeal Board from
such a decision in accordance with section 87.
(5) On receipt of a notice of objection duly made, the Board shall
reconsider the assessment and may vacate or vary the assessment, or
confirm the assessment and disallow the objection.
(5A)(1) Where, in reconsidering an assessment for the purposes of an
objection - Finance Act 35 of 1998*
(a) the Board exercises its powers under section 97 by requiring,
within a specified time, the person objecting to the assessment -
*Effective 1 st January 1999
(i) to furnish such particulars as the Board may consider
necessary with respect to the assessed income; and
(ii) to produce all books and other documents in the custody or
under the control of that person, relating to that income; and
(b) the person objecting to the assessment, without lawful excuse,
refuses or neglects to furnish the particulars or to produce the
books or other documents within the specified time,
the notice of objection delivered by that person shall cease to have effect
and the assessment shall be final and conclusive.
(2) Where new information arises in reconsidering an assessment the
Board may raise any new issue at that stage and may increase such
assessment. F.A. 35/98*
(6) The Board shall serve on the objector notice of its decision under subsection
(5).
(7) In the event of any person assessed, who has objected to an assessment
made upon him, agreeing with the Board as to the amount at which he is
liable to be assessed the amount so agreed shall be the amount at which
such person shall stand assessed, and the assessment shall be confirmed or
amended accordingly; but in the event of any person who under subsection
(2) has applied to the Board for a revision of the assessment made upon
him failing to agree with the Board as to the amount at which he is liable
to be assessed, his right of appeal to the Appeal Board under this Act,
against the assessment made upon him shall remain unimpaired.
BIR Mac Edition 91/01 Page 105