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SECTION PART I.- PRELIMINARY 1. Short title 2 ... - Lexadin

SECTION PART I.- PRELIMINARY 1. Short title 2 ... - Lexadin

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(a) if as respects the trade or business previously carried on in<br />

Nigeria by the foreign company the first sale of or bulk disposal<br />

of chargeable oil by or on behalf of the foreign company has<br />

occurred on or before the date on which the reconstituted<br />

company is incorporated-<br />

(i) the first accounting period of the reconstituted<br />

company shall be the period of twelve months<br />

commencing on the date on which that company is<br />

incorporated, or commencing on such date within the<br />

calendar month in which the company is incorporated as<br />

may be selected by the company with the approval of the<br />

Board, and<br />

(ii) for the purposes of subsection (2)(a)(i) of this section,<br />

an accounting period as respects the reconstituted<br />

company shall be a period of twelve months commencing<br />

on the date on which that company is incorporated, or<br />

commencing on such date within the calendar month in<br />

which the reconstituted company is incorporated as may<br />

be selected by the company with the approval of the<br />

Board, and the definition of "accounting period" in<br />

section 2(a) of this Act shall be construed accordingly,<br />

but without prejudice to the continued application in<br />

respect of the reconstituted company of the provisions of<br />

paragraphs (b), (c) and (d) of that definition;<br />

(b) for the purposes of the Second Schedule to this Act, the<br />

assets so vested in the reconstituted company shall be deemed to<br />

have been sold to it, on the day of its incorporation, for an<br />

amount equal to the residue of the qualifying expenditure<br />

thereon on the day following the day on which the trade or<br />

business previously carried on in Nigeria by the foreign<br />

company ceased;<br />

(c) the reconstituted company shall not be en<strong>title</strong>d to any initial<br />

allowances as respects those assets, and shall be deemed to have<br />

received all allowances given to the foreign company in respect<br />

of those assets under the Second Schedule and any allowances<br />

deemed to have been received by the foreign company under the<br />

provisions of this paragraph or section 15 of this Act; and<br />

(d) the amount of any loss incurred during any accounting period<br />

by the foreign company in the said trade or business previously<br />

carried on by it in Nigeria, being a loss which has not been<br />

- 437 -

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