Income Tax Management Act (Cap. 372)
Income Tax Management Act (Cap. 372), article 39
39. (1) No assessment, warrant or other proceeding purporting
to be made in accordance with the provisions of the Income Tax
Acts shall be quashed, or deemed to be void or voidable, for wa nt
of form, or be affected by the reason of a mistake, defect or
omission therein, if the same is in substance and effect in
conformity with or according to the intent and meaning of the
Income Tax Acts or any Act amending the same, and if the person
assessed or intended to be assessed or affected thereby is
designated therein according to the common intent and
understanding.
40 CAP. 372.] INCOME TAX MANAGEMENT
(2) An assessment shall not be impeached or affected -
(a) by reason of a mistake therein as to -
(i) the name or surname of a person liable; or
(ii) the description of any income; or
(iii) the amount of tax charged;
(b) by reason of any variance between the assessment and
the notice thereof:
Provided that in cases of as sessment, the notice thereof
shall be duly served on the person intended to be charged and s uch
notice shall contain, in substan ce and effect, the particulars on
which the assessment is made.
(3) In the case of a bod y of persons it shall be sufficient for the
purposes of the Income Tax Acts if only the name of the body of
persons appears on any notice issued thereunder by or on behalf of
the Commissioner.
( 4 ) W h e r e a n y a p p e a l h a s b e e n entered from any assessment
raised by the Commissioner and such assessment is by final
decision or judgment declared invalid or void, the Commissioner
may, within one year of the final decision or judgment as the case
may be, where a new assessment cannot be issued under any other
provision of the Income Tax Acts, raise a new assessment on the
taxpayer on all or any part of the chargeable income of the taxpayer
as declared by the taxpayer for the year of assessment in quest ion
upon which no valid assessment has been raised; and the provisi ons
of the Income Tax Acts as to notice of assessment, appeal and o ther
proceedings under the Income Tax Acts shall apply to such
assessment and to any tax chargeable thereunder.
PART VII
Collection
Executive title.
Amended by:
XXIII. 1995.4;
V . 1998.6;
II. 2004.51;
I. 2010.50;
IV . 2011.61;
VII.2018.61.
Cap. 12.
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.