Art. 10 Procedure for the assessment of the real value. — XXXI tal-1981 – Att tal-1981 dwar it-Taxxa fuq Dokumenti

(l) Without prejudice to the provisions of section 53 of this

Act, where in the opinion of the Commissioner the value expressed or

declared in a document is lower than the real value, at the time of the

execution of the document, he may file an application in the Court of

Appeal praying that the real value be assessed by referees to be

appointed in accordance with the rules contained in the Code of

Organization and Civi1 Procedure.

(2) If the assessment made by the referees as aforesaid is

greater than the value expressed or dec1ared in the document, the person

liable to pay the duty shall pay the difference between the duty due on

the value as assessed and the duty paid.

(3) Where the value assessed by the referees as aforesaid

exceeds the value expressed or dec1ared in the document by more than

one-eighth of the value assessed by the referees, the person liable to pay

the duty shall, in addition to the duty chargeable as in subsection (2) of

this section, pay by way of penalty, an additional sum, equivalent to the

amount of duty calculated on the total value assessed by the referees as

aforesaid.

(4) The Court may order that the costs incurred in connection

with the assessment made by the referees, be paid in accordance with

the provisions of subsections ( 1), (2) and (3) of section 221 of the Code

of Organization and Civil Procedure.

← Art. 9 Declara.tion of value. ATT Nru. XXXI ta' la1981 ACT No. XXXI of 1981 ATT maħruġ b'liġi mill-Parlament Art. 11 Lia bility of notaries as to declaration of value. →