Finance Act, 1969

Amendment of section 67 of Income Tax Act, 1967.

31.Section 67 of the Income Tax Act, 1967 , is hereby amended—

(a) by the deletion in subsection (2) of “notwithstanding anything in section 65” and “, and situate outside the State”,

(b) by the substitution in subsections (2) and (3) for “one-third of the annual value” of “five-twelfths of the rateable valuation”, and

(c) by the insertion of the following subsection after subsection (3)—

“(3A) (a) Where, in the case of property valued under the Valuation Acts as a unit, a part is, and a part is not, premises, the rateable valuation of each part shall be arrived at by apportionment of the rateable valuation of the property.

(b) Any apportionment required by this subsection shall be made by the inspector according to the best of his knowledge and judgment.

(c) An apportionment made under paragraph (b) may be amended by the Appeal Commissioners or by the Circuit Court on the hearing, or the rehearing, of an appeal against an assessment made on the basis of the apportionment, but, on the hearing, or the rehearing, of any such appeal, a certificate of the Commissioner of Valuation tendered by either party to the appeal and stating, as regards property valued under the Valuation Acts as a unit, the amount of the rateable valuation of the property attributable to any part of the property, shall be evidence of the amount so attributable.”; and

(d) by the deletion of subsection (4).