Section 20D: Objection to claim
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
20D. Objection to claim
(1) (a) Subject to subsection (4), where a person who has been issued
with a claim under section 20B or 20C is dissatisfied with the claim, he may,
within 28 days from the date of receipt of the claim, object to the claim in
such form as the Director-General may determine.
(b) Any person who makes an objection under paragraph (a) shall—
(i) send the form referred to in paragraph (a), duly filled in, by
registered post or electronically, to the Director-General;
(ii) specify the detailed grounds of his objection.
(2) Where a person fails to comply with subsection (1), the objection
shall be deemed to have lapsed and the Director-General shall give written
notice thereof to the person.
(3) Where it is proved to the satisfaction of the Director-General that,
owing to illness or other reasonable, cause, a person has been prevented
from making an objection within the time specified in subsection (1), the Director-General may consider the objection on such terms and conditions as
he may determine.
(4) Where the Director-General refuses to consider an objection made after the time referred to in subsection (1), he shall, within 28 days from the
date of receipt of the notice of objection, give written notice of the refusal to
the person.
(5) Where a notice under subsection (2) or (4) is given, the penalty specified in the notice shall be paid within 28 days from the date of receipt of the
notice.
(6) Any person who is aggrieved by a decision under subsection (2) or
(4) may lodge written representations with the Clerk to the Assessment Review Committee in accordance with section 19 of the Mauritius Revenue
Authority Act.
(7) After considering an objection under subsection (1), the DirectorGeneral may—
(a) allow or disallow it;
(b) determine the objection; and
give written notice of his determination to the person within 4 months from
the date the objection was lodged.
(8) Where a notice of determination is given under subsection (7), any
penalty specified to be payable in the notice shall be paid within 28 days
from the date of receipt of the notice.
(9) Where an objection is not determined within the time specified in
subsection (7), the objection shall be deemed to have been allowed by the
Director-General.
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Value Added Tax Act
(10) Any person who is aggrieved by a determination under subsection
(7) may lodge written representations with the Clerk to the Assessment Review Committee in accordance with section 19 of the Mauritius Revenue
Authority Act.
(11) (a) Where any agreement is reached before, or a decision is made
by, the Assessment Review Committee, the Director-General, shall, within 5
working days from the date on which the Committee is informed of the
agreement or notification of the decision, as the case may be, issue a notice
to the person specifying the amount of penalty payable.
(b) Where a notice is issued under paragraph (a), the person shall
pay the penalty within 28 days from the date of receipt of the notice.
[S. 20D inserted by s. 69 (d) of Act 11 of 2018 w.e.f. 9 August 2018.]
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Questions this section answers
- How long do I have to object to a penalty claim over an electronic fiscal device?