| 29/8/2008 |
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| Court of Appeal - Decisions in Income Tax Cases |
| Case No: 33 |
Decided on 27 December 1960 |
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The Board Of Special Commissioners Has Full Powers To Accept Or Reject A Taxpayer's Trade Records, And To Determine The Taxpayer's Income As Its Discretion When It Does Not Accept Trade Books
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The Board of Special Commissioners had not specifically stated that the trade books of the appellant were not regularly kept. He therefore contended that the Board should have accepted them and assessed him accordingly in accordance with the Commercial Code.
The Court pointed out that the Commercial Code only stipulated that trade books were to provide prima facie evidence in case of only "any agreement or transaction of a commercial nature". This had nothing to do with the relations between the Revenue and the taxpayer. As regards the Board's decision, it was clear that it was dissatisfied with the rate of gross profit declared, as well as with the evidence given by appellant himself. It had also found that certain trade records had either not been kept, or were poorly kept.
The Court upheld the decision given in case no 20 that whether a taxpayer's trade books were satisfactory or not was a pure question of fact. Moreover, the Court refused to accept that there had been any breach of the principles of natural justice as set out in case no 15. The Board was entitled to determine at its discretion the amount of the taxpayer's income from his trade, in the circumstances and for the reasons given in its decision. This was a question of fact from which no appeal lay.
BSC Case No: 18/58
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