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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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Avoidance by<br />

transfer<br />

Indemnification<br />

of<br />

representative<br />

26. Where a company which is or was engaged in petroleum operations<br />

transfers a substantial part of its assets to any person without having<br />

paid any tax, assessed or chargeable upon the company, for any<br />

accounting period ending prior to such transfer and in the opinion of the<br />

Board one reason for such transfer by the company was to avoid<br />

payment of such tax then that tax as charged upon the company may be<br />

sued for and recovered from that person in a manner similar to a suit for<br />

any other tax under section 45 of this Act subject to any necessary<br />

modification of that section.<br />

27. Every person answerable under this Act for the payment of tax on<br />

behalf of a company may retain out of any money in or coming to his<br />

hands or within his de facto control on behalf of such company so much<br />

thereof as shall be sufficient to pay such tax, and shall be and is hereby<br />

indemnified against any person whatsoever for all payments made by<br />

him in accordance with the provisions of this Act.<br />

Part VI - ACCOUNTS AND <strong>PART</strong>ICULARS<br />

Preparation<br />

and delivery<br />

of accounts<br />

and<br />

particulars.<br />

28. (1) Every Company which is or has engaged in petroleum<br />

operations shall for each accounting period of the company, make up<br />

accounts of its profits or losses, arising from those operations, of that<br />

period and shall prepare the following particulars –<br />

(a) computations of its estimated adjusted profit or loss and of<br />

its estimated assessable profits of that period;<br />

Second<br />

Schedule<br />

(b) in connection with the Second Schedule to this Act, a<br />

schedule showing –<br />

(i) the residues at the end of that period in respect of its<br />

assets<br />

(ii) all qualifying petroleum expenditure incurred by it in<br />

that period,<br />

(iii) the values of any of its assets ( estimated by<br />

references to the provisions of that Schedule) disposed of<br />

in that period, and<br />

(iv) the allowances due to it under that Schedule for that<br />

period;<br />

(c) a computation of its estimated chargeable profits of that<br />

period;<br />

(d) a statement of other sums, deductible under section 20 of this<br />

Act the liabilities for which were incurred during that period;<br />

Annotation<br />

13A<br />

- 444 -

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