This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 Excerpt: ... the Acts for the correction of any over-assessment--by way of appeal--and where that was applicable it entirely excluded a petition of right; that the company obviously ought to pay over to the Crown the income tax they had retained, as they had, as a matter of fact, simply acted as collectors for the Crown. The Court ...
Read More
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 Excerpt: ... the Acts for the correction of any over-assessment--by way of appeal--and where that was applicable it entirely excluded a petition of right; that the company obviously ought to pay over to the Crown the income tax they had retained, as they had, as a matter of fact, simply acted as collectors for the Crown. The Court decided that the 10th section of the Act of 1860 applied, and that the utmost amount which could be claimed was the amount for the three past years. This was either a case-of double return or of surcharge. If it was a double return the remedy was under sec. 171 of the Act of 1842, or sec. 60 of the Act of 1880. If this view was the correct one the Commissioners had vacated " such part... 01 the assessments as appeared to be an overcharge..." (3880. sec. 60). The company had, however, refused to accept the offer of the Commissioners. Taking the view of this being a double assessment, they had not taken the appropriate remedy, and they could not have a petition of right. Then, again, if it was a case of overcharge, the remedy was by appeal. The company made a return by mistake, and an assessment was made upon them in respect of it. What ihey ought to have done when they discovered their mistake was to appeal against the assessment on the ground that it had proceeded on an erroneous return. In either case, they had neglected the proper remedy, and, therefore, couid not succeed on a petition of right. Mersey Loan and Discount Co., Llm. v. Wootton (Overruled), Interest payable "out of profits." In The Mersey Loan and Discount Company. Lim. v. Wootton Surveyor of Taxes) the facts were as follows: The company received money on deposit and allowed interest calculated from day to day on the balances. The Queen's Bench Division held...
Read Less
Add this copy of A Guide to Income-Tax Practice to cart. $62.88, new condition, Sold by Booksplease rated 4.0 out of 5 stars, ships from Southport, MERSEYSIDE, UNITED KINGDOM, published 2015 by Arkose Press.
Add this copy of A Guide to Income-Tax Practice to cart. $71.19, good condition, Sold by Bonita rated 4.0 out of 5 stars, ships from Newport Coast, CA, UNITED STATES, published 2015 by Arkose Press.