Clause 36

by deleting subsections (1) and (2) and substituting the following subsections:“(1) If any person alleges that for any year of assessment —

an assessment is excessive; or

any unabsorbed loss, allowance or donation that may be carried forward ought to be of a higher amount than that set out in an assessment,by reason of some error or mistake —

in the return or statement made by him for the purposes of the assessment; or

where he is exempted from liability to furnish a return under section 62(2), in the notice of assessment served on him,he may, at any time not later than 6 years (if the year of assessment within which the assessment was made is 2007 or a preceding year of assessment) or 4 years (if the year of assessment within which the assessment is made is 2008 or a subsequent year of assessment) after the end of the year of assessment within which the assessment was made, make an application in writing to the Comptroller for relief.(2) On receiving the application, the Comptroller shall inquire into the matter and shall, subject to this section, give, by way of repayment of tax or an amendment to the assessment, such relief in respect of the error or mistake as appears to him to be reasonable and just.”;

by inserting, immediately after the word “relief” in subsection (3), the words “by way of repayment of tax”; and

by inserting, immediately after subsection (3), the following subsection:“(3A) No amendment shall be made to the assessment under this section when the return or statement was in fact made on the basis of or in accordance with the practice of the Comptroller generally prevailing at the time when the return or statement was made.”.