Duty on Documents and Transfers Act (Cap. 364)
Duty on Documents and Transfers Act (Cap. 364), article 59
59. (1) Appeals to the Court of Appeal from decisions of the
Tribunal shall be lodged in terms of Part IV of the Administrative
Justice Act , subject to the following:
(a) where the total amount of duty payable in dispute at
the time when the appeal was lodged before the
Tribunal is less than one million and one hundred and
sixty-five thousand euro (€1,165,000) to the Court of
Appeal (Inferior Competence); and
(b) where the total amount of duty payable in dispute at
the time when the appeal was lodged before the
Tribunal is of one million and one hundred and sixty-
five thousand euro (€1,165,000) or more, to the Court
of Appeal (Superior Competence).
(2) The Court of Appeal shall give the parties seven clear days’
notice of the date fixed for the hearing of the appeal.
(3) The Court may confirm, reduce, increase or annul the
assessment as determined by the Tribunal or make such order
thereon as it may deem appropriate but any such reduction or
increase may refer only to those heads of the Tribunal’s decisi on
against which an appeal is entered.
(4) Notice of the amount of duty payable under the assessment
as determined by the Court of Appeal shall be served by the
Commissioner in the manner provided in article 61.
Cap. 12.(5) The Board established under article 29 of the Code of
Organization and Civil Procedure may make rules concerning
appeals to the Court of Appeal from decisions of the Tribunal u nder
this article.
(6) The powers vested under sub- article (5) shall also apply to
the making of Rules relative to appeals made from the Board of
Special Commissioners for Duty on Documents and the Board of
Special Commissioners for Duty on Documents and Transfers.
When assessments
or amended
assessments are
final and
conclusive.
Amended by:
II. 2003.36.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.