Sri Lanka Consolidated Acts

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Estate Duty (Amendment) Law (No. 32 of 1974) - Sect 10

Replacement of section 34 of the principal enactment

10. Section 34 of the principal enactment, as amended by Act No. 15 of 1959, is hereby repealed and the following new section substituted therefor: -
34.
(1) Where it appears to an Assessor that the amount which any person is liable to pay as estate duty has been assessed at less than the proper amount, the Assessor may-
(a) where such person has obtained probate or letters of administration under the Civil Procedure Code (Chapter 101), make at any time within a period of six years of the date of the notice of the original assessment or within a period of two years after the date of commencement of the Administration of Justice Law, No. 44 of 1973, whichever is the shorter period, an additional assessment of the amount which such person is in the opinion of the Assessor liable to pay; and
(b) where such person has obtained probate or letters of administration under the Administration of Justice Law, No. 44 of 1973, make within two years after the date of grant of such probate or letters of administration, an additional assessment of the amount which such person is in the opinion of the Assessor liable to pay:
(2) Where an additional assessment of estate duty has been made under subsection (1), an executor shall not, except in the case of fraud, be personally liable for any estate duty under any such additional assessment by reason of having administered or distributed the estate of the deceased without retaining assets to satisfy the duty. ".


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