Section 149: Compounding of offences relating to duties, levy and taxes
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
149. Compounding of offences relating to duties, levy and taxes
(1) (a) The Director-General may, with the consent of the Director of
Public Prosecutions, compound any offence committed by a person in relation
to duties, levy and taxes under this Act, where such person agrees in writing to
pay such amount acceptable to the Director-General representing—
(i) any duty, levy or tax unpaid; and
(ii) an amount not exceeding the maximum pecuniary penalty
imposable under this Act for such offence.
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(b) For the purposes of paragraph (a), the Director-General shall chair
a committee which shall consist of 3 other officers of the management team
of the Mauritius Revenue Authority.
(2) Every agreement under subsection (1) shall be made in writing under
the hand of the Director-General and the person and witnessed by an officer
of the Mauritius Revenue Authority.
(3) Every agreement under this section shall be final and conclusive and a
copy shall be delivered to the person.
(4) Where the Director-General compounds an offence in accordance
with this section—
(a) the amount for which the offence is compounded shall be
deemed to be duty, levy or tax assessed under this Act and shall
be recoverable as duty, levy or tax; and
(b) no further proceedings shall be taken in respect of the offence
so compounded against the person.
(S. 149 came into operation on 6 December 2007.)
[S. 149 amended by s. 10 (t) of Act 26 of 2012 w.e.f. 22 December 2012; s. 25 (zk) of
Act 18 of 2016 w.e.f. 1 October 2016.]
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Questions this section answers
- Can the Director-General let me pay a compounded sum instead of prosecuting me for a tax offence?