30. The principal Act is amended by inserting, immediately after section 70, the following sections:“Recovery of duty from deceased individual |
70A.—(1) Where, at the time of a person’s death, any duty or penalty is due from him under this Act and has not been paid, the Commissioner shall have the same powers and remedies for recovering the duty or penalty so payable from the person’s estate as the Commissioner would have in relation to the person if the person were alive; and such duty or penalty or both shall be payable by the executor or administrator in respect of the deceased person’s estate to the same extent as it would be payable by the person if he were alive.(2) This section shall not apply if the duty is assessed after the end of the third year following that year in which the person died. |
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70B. Where a company is being wound up, the liquidator of the company shall not distribute any of the assets of the company to the shareholders thereof unless he has made provision for the payment in full of any duty or penalty which may be found payable by the company. |
Power to call for any instruments, books, accounts or other records |
70C.—(1) For the purposes of this Act, the Commissioner may give notice in writing to any person requiring him to furnish within the time limited by such notice, not being less than 30 days from the date of service of such notice, to attend personally before him or to produce to him for examination any instruments, books, documents, accounts and other records which the Commissioner may consider necessary.(2) Where records are maintained by computer the person required to make them available for examination shall provide all facilities necessary for obtaining the computer records. |
(3) The Commissioner shall at all times have full and free access to all buildings, places, instruments, books, documents and other records for any of the purposes of this Act, and may, without fee or reward, inspect, copy or make extracts from any such instruments, books, documents, accounts or records. |
(4) The Commissioner may take possession of any such instruments, books, documents, accounts or records where in his opinion —(a) | the inspection, copying thereof or extraction wherefrom cannot reasonably be performed without taking possession; | (b) | the instruments, books, documents, accounts or records may be interfered with or destroyed unless possession is taken; or | (c) | the instruments, books, documents, accounts or records may be required as evidence in proceedings for an offence under this Act or in proceedings for the recovery of duty or penalty, or in proceedings by way of an appeal against the assessment. |
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(5) The Commissioner may require any person to give orally or in writing, as may be required, all such information, facts and circumstances affecting the liability of any instrument to duty. |
(6) Any person who fails or neglects without reasonable excuse to comply with any notice issued by the Commissioner under this section shall be guilty of an offence. |
(7) Any person who, for the purpose of evading any duty under this Act, falsifies or destroys any document, book or accounts, records or other instrument shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.”. |
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