- Latest available (Revised)
- Point in Time (27/07/1993)
- Original (As enacted)
Version Superseded: 01/04/2009
Point in time view as at 27/07/1993.
There are currently no known outstanding effects for the Oil Taxation Act 1975, Cross Heading: Appeals.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
14(1)A participator may appeal to the Special Commissioners against an assessment or determination [F1or an amendment of an assessment or determination] made on or in relation to him by notice of appeal in writing given to the Board within thirty days after the date of issue of the notice of assessment or determination [F1or of the notice of the amendment].U.K.
(2)The notice of appeal shall specify the grounds of appeal, but on the hearing of the appeal the Commissioners may allow the appellant to put forward any ground not specified in the notice, and may take it into consideration if satisfied that the omission was not wilful or unreasonable.
(3)A participator who has given notice of appeal under sub-paragraph (1) above against an assessment charging him with any tax for a chargeable period may, if he delivered a return for that period as required by paragraph 2 above, withhold, until the determination or abandonment of the appeal, so much of the tax charged in the assessment as is the smaller of—
(a)the amount of the tax so charged; and
(b)tax on the difference between—
(i)the aggregate of the consideration received or receivable for oil as stated in the participator’s return in pursuance of sub-paragraph (2) of that paragraph and, subject to sub-paragraph (4) below, the market value of oil as so stated; and
(ii)the aggregate of the corresponding consideration and value as included in the assessment.
(4)Subject to sub-paragraph (5) below, where the market value of all the oil for which a market value is stated in the participator’s return is, as stated in that return, less than the value which is produced for that oil by applying to it the average price mentioned in sub-paragraph (6) below, sub-paragraph (3) above shall have effect as if, for the reference to the market value of oil as so stated, there were substituted a reference to the value which is so produced for that oil.
(5)The comparison of values and the substitution required by sub-paragraph (4) above shall, in the case of an appeal by a participator whose return relates both to gas and to other oil, be made separately for the gas and for the other oil.
(6)The average price referred to in sub-paragraph (4) above is the average price at which all oil included in the relevant returns as oil delivered in the period covered by the returns and disposed of in sales at arm’s length was so disposed of.
(7)The relevant returns for the purposes of sub-paragraph (6) above are all the returns of all the participators in all oil fields which—
(a)were made for the chargeable period preceding that to which the appeal relates; and
(b)were delivered before the end of the chargeable period to which the appeal relates.
(8)The participator may at any time, if the Board do not object to his doing so, abandon an appeal instituted by him; and for this purpose he shall notify his desire to do so to the Board who may, within thirty days after being so notified, object by notice in writing to the participator.
(9)Where, at any time between—
(a)the giving of a notice of appeal against the assessment [F2determination or amendment] or from a decision of the Board on a claim under section 33 of the M1Taxes Management Act 1970 as applied by paragraph 1 above, and
(b)the determination of the appeal by the Special Commissioners,
the Board and the participator agree [F2on how the assessment, determination, amendment or decision should be varied or on what assessment or determination should be substituted in relation to the chargeable period in question, the same consequences shall ensue as if the Commissioners had determined the appeal to that effect].
[F3(10)If, on the appeal, it appears to a majority of the Commissioners present at the hearing that the assessment, determination or amendment is wrong—
(a)because no, or a smaller, assessable profit or a, or a larger, allowable loss has accrued for the chargeable period in question; or
(b)because a, or a larger, assessable profit or no, or a smaller, allowable loss has accrued for that period,
the Commissioners shall vary the assessment, determination or amendment in such manner, or substitute such assessment or determination, as may be required; and it shall be for the participator to satisfy the Commissioners as to any matter within paragraph (a) above.]
(11)Save as otherwise provided by this Schedule (including the provisions applied by paragraph 1 above), [F4the determination by the Special Commissioners of any appeal] under this Part of this Act shall be final and conclusive.
Textual Amendments
F1Words inserted by Finance Act 1976 (c. 40), s. 130(3)(4)
F2Words substituted by Finance Act 1976 (c. 40), s. 130(5)
F3Sch. 2 para. 14(10) substituted by Finance Act 1976 (c. 40), s. 130(6)
F4Words substituted by Finance Act 1976 (c. 40), s. 130(7)
Modifications etc. (not altering text)
C3Sch. 2 para. 14(2) to apply to Finance Act 1987 (c. 16), ss. 63(6), 66(8) and Sch. 12 para. 3(2)(d) as for appeals against assessments or determinations made under Oil Taxation Act 1975 (c. 22)
C4See also Petroleum Revenue Tax Act 1980 (c. 1, SIF 63:1), s. 1(5) in relation to chargeable periods ending on or after 31 December 1979
C5Sch. 2 para. 14(8) to apply to Finance Act 1987 (c. 16), ss. 63(6), 66(8) and Sch. 12 para. 3(2)(d) as for appeals against assessments or determinations made under Oil Taxation Act 1975 (c. 22)
C6Sch. 2 para. 14(11) to apply to Finance Act 1987 (c. 16), ss. 63(6), 66(8) and Sch. 12 para. 3(2)(d) as for appeals against assessments or determinations made under Oil Taxation Act 1975 (c. 22)
Marginal Citations
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: