419 / 736
the solicitor for the debtor did not amount to a
personal undertaking by him to pay her debt to
the creditor to whom it was addressed.
INCOME TAX ON RESIDENT AND
NON-RESIDENTS CLIENTS
Section 176 of the Income Tax Act 1967 states
that every person who in whatever capacity is in
receipt of any money or value or any profits or
gains arising from any of the sources mentioned
in the act of or belonging to any person who is
chargeable in respect thereof, or who would be so
chargeable if he were resident in the State, shall
whenever required to do so by any general or
particular notice prepare and deliver within the
period mentioned in such notice a list in prescribed
form giving prescribed particulars. The Society
has already advised members that this section
does not over-ride the solicitor's obligation to
maintain professional secrecy
in regard to his
client's affairs. However the inspectors of taxes
are now in a position to obtain from the banks
particulars of deposit interest paid to solicitors
and other depositors. In many cases the deposit
interest so received is on behalf of clients. Where
an assessment is raised on a solicitor in respect of
deposit interest or other income of which he is not
the beneficial owner he is entitled to deduct the
amount of tax paid from the income before pay
ment to the client. If the client wishes to appeal
against
the assessment he must authorise the
solicitor
to supply
the necessary
information
which should include details of the identity of the
client and other information to enable the assess
ment to be discharged. If the client wishes to
maintain the privilege of secrecy as between the
solicitor and himself he must accept the corres
ponding obligation
to
indemnify
the solicitor
against any liabiity to tax.
As regards non-resident clients Section 25 of
the Finance Act 1969 amends the law in regard
to rents received by an agent.. Section 200 of the
Income Tax Act 1967 enacted that an assesssment
might be made on the agent direct. Section 25 of
the Finance Act 1969 provides that Section 200
of the Income Tax Act 1967 shall not apply to
rents received for non-residents. Section 434 of the
Income Tax Act 1967 is to apply in such cases
and the rent is to be paid by the agent to the
client under deduction of tax and the agent must
account to the revenue for the tax.
CURRENT LAW DIGEST
SELECTED
In reading this digest regard should be had to the dif
ferences between Irish and English statute law.
Companies
His Lordship granted an application by Boxco Ltd.
for the restoration of the company's name to the register
and ordered that a legal charge created by the company
after it had been struck off on October 28, for failure to
file its annual returns for 1966-67 and to notify the
registrar of
its change of address, should be treated
retrospectively as having been duly created and the
particulars duly delivered for registration as from Decem
ber 31, in pursuance of section 353(6) of the Companies
Act, 1948.
In re Boxco Ltk. Ch. Div. 16/3/70
It was
held
that Mr. Robert Maxwell, M.P.,
past chairman of Pergamon Press Ltd., was not entitled
to refuse to answer questions by the inspectors appointed
by the Board of Trade pursuant to section i6s(b) of the
Companies Act, 1948, to investigate and report on the
company's affairs unless the inspectors gave assurances
about the conduct of the investigation. The same ruling
applied to five other past and present directors.
In re Pergoman Press Ltd. Ch. Div., 24/4/70.
Contract
The proprietor of a petrol filling station on a main
city road who contracted in writing to hire a beverage-
vending machine after receiving an oral promise from
the salesman that no similar machine would be installed
in the same road, was entitled to treat the contract as at
an end when he discovered that another machine had
been installed in a rival filling station in the road within
a few months of the agreement.
Quickmaid Rental Services Ltd. v. Reece. C. of A.
21/4/70.
Where parties to an international contract have agreed
to trade on " f.o.b." terms, the presumption that they
have entered into an f.o.b. contract is not rebutted by
the sellers retaining possession of the goods until they
are paid the price.
Frebold and Another v. Circla Products Ltd. C. of A.
24/3/70.
Crime
Court of Criminal Appeal, in an appeal against con
viction, cannot increase sentence.
Accused was convicted in Wicklow Circuit Court of
receiving stolen property, and sentenced to 12 months on
5th November 1966. On I4th November, he served an
application for leave to appeal against conviction. The
Court of Criminal Appeal granted leave to appeal on i2th
January, 1967, but increased the sentence from 12 months
to 2 years. On 3151 July 1967 the applicant applied to the
Court of Criminal Appeal for leave to appeal to the
Supreme Court, but this was refused. On I2th January
133