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Section 939 Summoning and examination of witnesses

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(1)(a) The Appeal Commissioners may summon any person whom they think able to give evidence as respects an assessment made on another person to appear before them to be examined, and may examine such person on oath.

(b) The clerk, agent, servant or other person confidentially employed in the affairs of a person chargeable shall be examined in the same manner, and subject to the same restrictions, as in the case of a person chargeable who presents himself or herself to be examined orally.

Who may the Appeal Commissioners summon to give evidence in relation to an appeal?

(1) The Appeal Commissioners may summon any person they believe can give evidence in relation to an appeal to appear before them and be examined under oath....

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(2) The oath shall be that the evidence to be given, touching the matter in question, by the person sworn shall be the truth, the whole truth and nothing but the truth, and the oath shall be subscribed by the person by whom it is made.

What are the characteristics of an effective oath?

(2) If taken, an oath must be to the effect that the evidence the witness gives in relation to the assessment under appeal will be the truth, the whole truth, and nothing but the truth.

(3) A person who after being duly summoned―

(a) neglects or refuses to appear before the Appeal Commissioners at the time and place appointed for that purpose,

(b) appears but refuses to be sworn or to subscribe the oath, or

(c) refuses to answer any lawful question touching the matters under consideration,

shall be liable to a penalty of [€3,000]1; but the penalty imposed in respect of any offence under paragraph (b) or (c) shall not apply to any clerk, agent, servant or other person referred to in subsection (1)(b).

Amendments

1 Substituted by Finance (No. 2) Act 2008 section 98 and Schedule 5 Part 2 para 2(x) from 24 December 2008.

What penalties can be applied to me if I fail to cooperate in answer to a summons to appear before the Appeal Commissioners?

(3) A penalty of €3,000 applies to you if, after being summoned by the Appeal Commissioners:...

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