40.
| (1) Any person who is aggrieved by an opinion given under section 33 or any requirement imposed by a notice issued under section 30(1) (b) may, within a period of thirty days after the date of the opinion or notice, appeal to the Commissioner-General against such opinion or notice: |
|
| (2) Every appeal shall be preferred by a petition in writing addressed to the Commissioner-General and shall set out the grounds of such appeal. |
|
| (3) Every petition of appeal which does not conform to the provisions of subsections (1) and (2) shall not be valid. |
|
| (4) On receipt of a valid petition of appeal, the Commissioner-General may cause further inquiry to be made by an Assessor, and if in the course of such inquiry an agreement is reached as to the matters-specified in the petition of appeal, the amount specified in the opinion or the notice shall be amended accordingly. |
|
| (5) Where no agreement is reached between the appellant and the Assessor in the manner provided in sub section' (4), the Commissioner-General shall fix a time and place for the hearing of the appeal. |
|
| (6) Every appellant shall attend before the commissioner-general at the time and place fixed for the hearing of the appeal. The appellant may attend the hearing of the appeal in person or by an authorized representative. The Commissioner-General may, from time to time, adjourn the hearing of an appeal for some time and place as he may fix for the purpose. In any case in which an authorized representative attends on behalf of the appellant, the Commissioner-General may adjourn the hearing of the appeal, and may if he considers that the personal attendance of the appellant is necessary for the determination of the appeal require that the appellant shall attend in per son at the time and place fixed for the adjourned hearing of the appeal. If the appellant or his authorized representative fails to attend at the time and place fixed for the hearing or any adjourned hearing of the appeal, or if the appellant fails to attend in person when required so to attend by the Commissioner-General, the Commissioner-General may dismiss the appeal: |
|
| (7) The Commissioner-General shall have power to summon any person whom he may consider able to give evidence respecting the appeal to attend before him and may examine such person on oath or otherwise. Any person so attending may be allowed by the Commissioner-General any reasonable expenses necessarily incurred by such person in so attending. |
|
| (8) Before making his determination on any appeal, the Commissioner-General may, if he considers it necessary so to do, by notice given in writing to any person, require that person to produce for examination, or to transmit to the Commissioner-General within the period specified in such notice, any such deeds, plans, registers, instruments, books, accounts, stock-lists, cheques, auditor's or valuer's reports or other documents in his possession as may be specified in such notice. |
|
| (9) Where the Commissioner-General hears the evidence of the appellant or of any other person in respect of the appeal, he shall maintain or cause to be maintained, a record of such evidence. |
|
| (10) In determining an appeal under this section the Commissioner-General may confirm or amend the opinion appealed against or confirm, reduce, increase or annul the amount specified in the notice appealed against and shall give notice in writing to the appellant of his determination on the appeal. |
|
|
Sri Lanka Consolidated Acts