Comparison View

Formal Consolidation |  2020 RevEd
Application to court
47.—(1)  An executor or other accountable person aggrieved by —
(a)any claim by a notice of assessment by the Commissioner for payment of estate duty, interest thereon or penalty; or
(b)the refusal of the Commissioner to return any estate duty, interest thereon or penalty alleged to have been overpaid,
may, on payment of, or giving security under subsection (5) for, the amount claimed by the Commissioner or such portion of it as is then payable by him, apply to the General Division of the High Court within 3 months from the date of the claim or refusal, as the case may be.
[40/2019]
(2)  The amount of the duty, interest and penalty shall be determined by the General Division of the High Court, and if the duty, interest and penalty as determined is less than that paid to the Commissioner the excess shall be repaid.
[40/2019]
(3)  No appeal shall be allowed from any order, direction, determination or decision of the General Division of the High Court upon any application under this section except with the leave of the court to which such an appeal is to be made under section 29C of the Supreme Court of Judicature Act 1969.
[40/2019]
(4)  The costs of the application shall be in the discretion of the General Division of the High Court, and the General Division of the High Court, where it appears to the General Division of the High Court just, may order the Commissioner to pay on any excess of duty, interest or penalty repaid by him interest at the rate of 6% per annum for such period as appears to the General Division of the High Court just.
[40/2019]
(5)  The General Division of the High Court, if satisfied that it would impose hardship to require the applicant, as a condition of the application, to pay the whole or, as the case may be, any part of the duty claimed by the Commissioner or of such portion of it as is then payable by him, may allow the application to be brought without payment of duty, or of such part only of the duty as to the General Division of the High Court seems reasonable, and on security to the satisfaction of the General Division of the High Court being given for the duty, or so much of the duty as is not so paid, but in such case the General Division of the High Court may order interest at the rate of 6% per annum to be paid on the unpaid duty so far as it becomes payable under the decision of the General Division of the High Court.
[40/2019]
Informal Consolidation | Amended Act 25 of 2021
Application to court
47.—(1)  An executor or other accountable person aggrieved by —
(a)any claim by a notice of assessment by the Commissioner for payment of estate duty, interest thereon or penalty; or
(b)the refusal of the Commissioner to return any estate duty, interest thereon or penalty alleged to have been overpaid,
may, on payment of, or giving security under subsection (5) for, the amount claimed by the Commissioner or such portion of it as is then payable by him, apply to the General Division of the High Court within 3 months from the date of the claim or refusal, as the case may be.
[40/2019]
(2)  The amount of the duty, interest and penalty shall be determined by the General Division of the High Court, and if the duty, interest and penalty as determined is less than that paid to the Commissioner the excess shall be repaid.
[40/2019]
(3)  No appeal shall be allowed from any order, direction, determination or decision of the General Division of the High Court upon any application under this section except with the permission of the court to which such an appeal is to be made under section 29C of the Supreme Court of Judicature Act 1969.
[40/2019]
[Act 25 of 2021 wef 01/04/2022]
(4)  The costs of the application shall be in the discretion of the General Division of the High Court, and the General Division of the High Court, where it appears to the General Division of the High Court just, may order the Commissioner to pay on any excess of duty, interest or penalty repaid by him interest at the rate of 6% per annum for such period as appears to the General Division of the High Court just.
[40/2019]
(5)  The General Division of the High Court, if satisfied that it would impose hardship to require the applicant, as a condition of the application, to pay the whole or, as the case may be, any part of the duty claimed by the Commissioner or of such portion of it as is then payable by him, may allow the application to be brought without payment of duty, or of such part only of the duty as to the General Division of the High Court seems reasonable, and on security to the satisfaction of the General Division of the High Court being given for the duty, or so much of the duty as is not so paid, but in such case the General Division of the High Court may order interest at the rate of 6% per annum to be paid on the unpaid duty so far as it becomes payable under the decision of the General Division of the High Court.
[40/2019]