Income Tax Management Act (Cap. 372)
Income Tax Management Act (Cap. 372), article 37
37. (1) Any person who, having appealed to the Tribunal feels
aggrieved by its decision may, by application filed within twen ty
days from the date of the Tribunal’s decision, on a question of law
only -
(i) where the total amount of tax, additional tax, fines and
interest 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 (Infe rior Jurisdiction); and
(ii) where the total amount of tax, additional tax, fines and
interest 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.
(2) The Commissioner may, if he is dissatisfied with the
decision of the Tribunal, appeal against the decision on a ques tion
of law only to the court that is competent to take cognizance o f the
appeal in accordance with sub-article (1)(i) and (ii) by an
application filed within twenty days from the date of the Tribu nal’s
decision.
INCOME TAX MANAGEMENT [CAP. 372. 39
(3) Unless rules made hereunder provide a longer period, seven
clear days’ notice shall be given to the parties of the date fi xed for
the hearing of the appeal.
( 4 ) T h e c o u r t m a y c o n f i r m , r e duce, increase or annul the
assessment or make such order s thereon as it may deem fit.
(5) Notice of the amount of tax payable under the assessment
as determined by the court shall be served by the Commissioner,
either personally on, or by registered post to, the other party .
(6) The Commissioner shall publish within a reasonable time
all decisions of the court giving the facts of the appeal and t he
arguments.
(7) The cost of the appeal shall be in the discretion of the Cou rt
of Appeal or of the Court of Appeal (Inferior Jurisdiction), as the
case may be, and shall be a s um fixed by the registrar.
(8) The Minister responsible for justice may by regulations
under this sub-article establish the fees payable in the regist ry of
the courts in relation to the filing of judicial acts in connec tion with
an appeal to the Court of Appeal and to the Court of Appeal
(Inferior Jurisdiction), as the case may be, under this article :
Cap. 12.
Provided that until such fees have been so established by
the Minister, the fees contained in Schedule A to the Code of
Organization and Civil Procedure shall apply.
Assessments or
amended
assessments to be
final.
Amended by:
I. 2010.49.
Cap. 123.
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.