High Court Wellington
23 July; 23 September 1958
McCarthy J.
Court of Appeal Wellington
16 February; 10 April 1959
Gresson P., North J., Cleary J.
23 July; 23 September 1958
McCarthy J.
Court of Appeal Wellington
16 February; 10 April 1959
Gresson P., North J., Cleary J.
Evidence — Admissibility — Public Revenue — Income Tax — Statement prepared by Taxpayer's Accountant and Letter Containing Admissions written by Accountant to Commissioner of Inland Revenue during Negotiations relating to Assessment of Tax — Such Statements produced at Hearing of Charges of Wilfully making False Returns — Accountant, as Taxpayer's Agent, authorized to interview Tax Inspector — No Proof that Admissions on Taxpayer's behalf within Scope of Accountant's Authority — Strict Proof only receivable in Evidence against Taxpayer — Statement and Letter inadmissible.
Revenue — Income tax — Commissioner's Assessment — Provision that Assessment deemed Correct — Such Provision not to be invoked in Criminal Proceeding — Land and Income Tax Act 1923, s. 18 — Land and Income Tax Act 1954, s. 26.
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