Page:Inland Revenue Ordinance, 1947 (Cap. 112).pdf/53

A.D. 1947]

or liquidation, to be selected by the Commissioner, as a first charge on such assets and any other tax charged or chargeable for periods prior to such date shall be an unsecured debt:

Provided that where the receiver proves to the satisfaction of the Commissioner that any tax to which this sub-section applies is excessive, the Commissioner may, notwithstanding the provisions of section 71, review the assessment in respect of which the tax is charged and make such adjustment as he may in his discretion think reasonable.

75. (1) The Commissioner may appoint persons to be Collectors.

(2)—(a) Where any tax is in default, the Commissioner may issue a certificate to any Collector or bailiff containing particulars of such tax and the name of the defaulter, and the officer to whom such certificate is issued shall be empowered and is hereby required to cause the tax to be recovered from the defaulter named in the certificate by seizure and sale of his movable property.


 * (b) The said seizure shall be effected in such manner as may be prescribed and any property so seized shall be kept for five days at the costs and charges of the defaulter. If the defaulter does not pay the tax in default together with the costs and charges within the said five days, the Collector or bailiff shall cause the said property to be sold by public auction.
 * (c) The sum realized by the sale shall be applied—
 * (i) firstly, in payment of the costs and charges of seizing, keeping, and selling the property, and
 * (ii) secondly, in satisfaction of the tax in default, and any balance shall be restored to the owner of the property seized.

(3) Whenever the Commissioner issues a certificate under this section, he shall at the same time issue to the defaulter a notification thereof by personal service, registered post, or telegraph; but the non-receipt of such notification by the defaulter shall not invalidate proceedings under this section.