INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)
A taxpayer who is dissatisfied with a notice served on the taxpayer under paragraph 221YHAAC(1)(c) or 221YHAAD(1)(c) may object against it in the manner set out in Part IVC of the Taxation Administration Act 1953 .
(Omitted by No 216 of 1991)
221YHAAE(3) [Effect of pending appeal or review]
The fact that an appeal or review relating to an objection under subsection (1) is pending does not affect the operation of a notice referred to in that subsection.
Where, by reason of a decision of the Commissioner, of the Tribunal or of a court in relation to an objection made under subsection (1), a person's liability to provisional tax is reduced:
(a) the amount by which the provisional tax is so reduced shall be taken, for the purposes of the general interest charge under sections 221YD and 221YDB , never to have been payable; and
(b) the Commissioner shall:
(i) refund the amount of any provisional tax overpaid; or
(ii) apply the amount of any provisional tax overpaid against any liability of the person to the Commonwealth, being a liability arising under, or by virtue of, an Act of which the Commissioner has the general administration, and refund any part of the amount not so applied.
Note:
The general interest charge is worked out under Division 1 of Part IIA of the Taxation Administration Act 1953 .
In this section, ``provisional tax'' includes an instalment of provisional tax.
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