SALES TAX PROCEDURE ACT 1934 (Repealed)

S 8 repealed by No 123 of 1984, s 288, effective 14 December 1984. S 8 formerly read:

(1) 

Notwithstanding anything contained in the last preceding section, any person who -

(a)  fails or neglects duly to furnish any return or information as and when required by this Act or the Regulations or by the Commissioner;

(b)  fails to include, in accordance with the requirements of this Act and the Regulations, any particulars of goods in any return or includes particulars of goods in respect of which sales tax is payable by him at a particular rate in the space provided in the form of return for particulars of goods in respect of which tax is payable at some lower rate or is not payable; or

(c)  understates in any return, in respect of any goods, the amount specified, in paragraph (a), (b) or (c) (as the case may be) of sub-section (1) of section eleven of this Act, in respect of those goods,

shall, if a taxpayer to whom paragraph (a) of this sub-section applies, be liable to pay additional tax at the rate of ten per centum per annum upon the amount of tax assessable to him, under any one or more of the Sales Tax Assessment Acts (such percentage to be calculated for the period commencing on the last day allowed for furnishing the return or information and ending on the day upon which the return or information is furnished or the day upon which the assessment is made, whichever first happens), or the sum of Two dollars, whichever is the greater, and shall, if a taxpayer to whom paragraph (b) or (c) of this sub-section applies, be liable to pay by way of additional tax the amount of Two dollars or double the amount of the difference between the tax properly payable and the tax payable upon the basis of the return lodged, whichever is the greater.

Provided that the Commissioner may, in any particular case, for reasons which he thinks sufficient, remit the additional tax or any part thereof.

(2) 

If action is taken to recover the penalty provided by the last preceding section, or by section eleven of this Act, the additional tax payable under this section shall not be charged in respect of the failure, neglect or understatement in respect of which that action is taken.

See History note to s 7 for transitional provisions.