CHAPTER 75:01 - Inland Revenue Division
CHAPTER 75:01 - Inland Revenue Division
CHAPTER 75:01 - Inland Revenue Division
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Income Tax Act Mac 1<br />
Vol. 1<br />
confidential professional relationship with such person, to give it<br />
information in such manner and detail and at such time as the Board may<br />
from time to time require by notice in writing with respect to his income<br />
or assessment or assets or the income or assessments or assets of any other<br />
person or to permit it or any person duly authorised by it in writing to<br />
inspect any record of any monies, funds or other assets held by that person<br />
on his own behalf or which may be held by him for, or of any monies due<br />
by him to, any other person.<br />
Powers of inspection of records<br />
(2) Notwithstanding any rule of law to the contrary, but subject to this section,<br />
the Board may, for the purpose of determining any objection to an<br />
assessment require by writing any bank or any officer thereof to furnish in<br />
formation in writing or may summon any such officer to appear before it<br />
to give evidence respecting the assessment or to furnish statements of<br />
accounts and affairs verified in the manner specified by it, and the Board<br />
may examine such officer on oath or otherwise.<br />
(3) Where the Board proposes to exercise the powers conferred on it under<br />
subsection (2) it shall give notice of its intention to do so, to the person<br />
who has disputed his assessment and shall inform such person of his rights<br />
under this section.<br />
(4) If the person who has disputed his assessment is aggrieved by the proposal<br />
of the Board to exercise its powers under subsection (2), he may,<br />
within seven days of receipt of notice thereof from the Board, apply to a<br />
Judge in Chambers for a declaration of his rights in the matter, and the<br />
Judge shall hear and determine such application and shall make such order<br />
as the justice of the case requires.<br />
(5) A person is guilty of an offence who -<br />
(a) fails to give to the Board any information in accordance with<br />
the provisions of this section; or<br />
(b) fails to produce for the inspection of the Board or any person<br />
duly authorised by it any records which he may be required by the<br />
Board or such duly authorised person to produce.<br />
(6) For the purposes of giving effect to a declared agreement within the<br />
meaning of the Tax Information Exchange Agreements Act the Board<br />
is deemed to have the powers set out in subsection (2)<br />
notwithstanding the absence of an assessment or objection, and<br />
subsections (3), (4) and (5) shall apply mutatis mutandis.<br />
Income Tax (Amendment) (No.2) Act, 1989<br />
118. (1) Subject to this section and to section 117, the Board or any person authorised<br />
by it for any purpose related to the administration or enforcement<br />
BIR Mac Edition 91/<strong>01</strong> Page 127