| 22/8/2008 |
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| Court of Appeal - Decisions in Income Tax Cases |
| Case No: 96 |
Decided: 14 January, 1977 |
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Use By Appellant Of Special Concession Granted In 1972. Appellant's Interest In Case Exhausted
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The taxpayer had entered an appeal to the Board of Special Commissioners on the point whether compensation received from Government by way of compensation for loss of rent was taxable or not. Subordinately, taxpayer also claimed that if this compensation was taxable, the charge should be spread over the relative years, some of them covering pre-Income Tax year.
The Board found against the taxpayer on both courts, and he thereupon appealed to the Court. In the meantime, however, he had participated in the 1972 Special Concession. Consequently, the assessments on which the appeal had been made were thereupon cancelled (and, presumably, the special assessments under the concession raised). The taxpayer claimed that this did not infringe his rights to query the original assessments. Although not clear from the Court's decision, this would presumably have reduced the said special assessment.
The Court stated that once the original appeal to the Board had been filed on assessments that were subsequently cancelled, no further appeal lay to the Court and obtained from taking further cognizance of the case. The taxpayer had no further interest in the case. Moreover, in his declaration for the purposes of the Special Concession, he had specifically stated that he had omitted to declare income which arose to him from compensation from loss of rent. Clearly, taxpayer was not free to contradict himself, and if he wanted to claim a refund in respect of the tax paid, or to query the special assessment raised, he had to start the process of contestation all over again.
BSC Case No: 4/72
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