TaxPersonal TaxTMA 1970, s 19A

TMA 1970, s 19A

[19A Power to call for documents for purposes of certain enquiries

[(1) This section applies where an officer of the Board gives notice of enquiry under section 9A(1) or 12AC(1) of this Act to a person (“the taxpayer”).]6
(2) For the purpose of [the enquiry]6, the officer may at the same or any subsequent time by notice in writing require the taxpayer, within such time (which shall not be less than 30 days) as may be specified in the notice –
(a) to produce to the officer such documents as are in the taxpayer’s possession or power and as the officer may reasonably require for the purpose of determining whether and, if so, the extent to which [-
(i) the return is incorrect or incomplete, or
(ii) in the case of an enquiry which is limited under section 9A(5) or 12AC(5) of this Act, the amendment to which the enquiry relates is incorrect, and]6
(b) to furnish the officer with such accounts or particulars as he may reasonably require for that purpose.
[(2A) The officer of the Board may also (whether or not he imposes a requirement under subsection (2) above), by a notice in writing, require the taxpayer, within such time (which shall not be less than 30 days) as may be specified in the notice –
(a) to produce to the officer such documents as are in the taxpayer’s possession or power and as the officer may reasonably require for the purpose of making a determination for the purposes of section [9D(1)(c) or 12AE(1)(c)]6 of this Act, and
(b) to furnish the officer with such accounts or particulars as he may reasonably require for that purpose.]2
(3) To comply with a notice under [subsection (2) or (2A)]3 above, copies of documents may be produced instead of originals; but –
(a) the copies must be photographic or otherwise by way of facsimile; and
(b) if so required by a notice in writing given by the officer, in the case of any document specified in the notice, the original must be produced for inspection by him within such time (which shall not be less than 30 days) as may be specified in the notice.
(4) The officer may take copies of, or make extracts from, any document produced to him under [subsection (2), (2A) or]4 (3) above.
(5) A notice under [subsection (2) or (2A)]3 above does not oblige the taxpayer to produce documents or furnish accounts or particulars relating to the conduct of [-

(a) any pending appeal by him, or
(b) any pending referral to the Special Commissioners under section 28ZA of this Act to which he is a party.]6
(6) An appeal may be brought against any requirement imposed by a notice under subsection (2) above to produce any document or to furnish any accounts or particulars.
(7) An appeal under subsection (6) above must be brought within the period of 30 days beginning with the date on which the notice under [subsection (2) or (2A)]3 above is given.
(8) Subject to subsection (9) below, the provisions of this Act relating to appeals shall have effect in relation to an appeal under subsection (6) above as they have effect in relation to an appeal against an assessment to tax.
(9) On an appeal under subsection (6) above section 50(6) to (8) of this Act shall not apply but the Commissioners may –
(a) if it appears to them that the production of the document or the furnishing of the accounts or particulars was reasonably required by the officer of the Board for the purpose mentioned in [subsection (2) or (2A)]3 above, confirm the notice under that subsection so far as relating to the requirement; or
(b) if it does not so appear to them, set aside that notice so far as so relating.
(10) Where, on an appeal under subsection (6) above, the Commissioners confirm the notice under [subsection (2) or (2A)]3 above so far as relating to any requirement, the notice shall have effect in relation to that requirement as if it had specified 30 days beginning with the determination of the appeal.
[(11) The determination of the Commissioners of an appeal under subsection (6) above shall be final and conclusive (notwithstanding any provision having effect by virtue of section 56B of this Act).]5
(12) Where this section applies by virtue of a notice given under section 12AC
(1) of this Act, any reference in this section to the taxpayer includes a reference to any predecessor or successor of his.]1

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