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73. Succession to business, otherwise than on death:-
(1)
Where a person carrying on any business or profession has been succeeded
in any income year by any other person (hereafter in this section referred
to as the "predecessor" and "successor" respectively),
otherwise than on the death of the predecessor, and the successor continues
to carry on that business or profession,-
(a)
the predecessor shall be assessed in respect of the income of the income
year in which the succession took place up to the date of succession and
of the income year or years preceding that year; and
(b)
the successor shall be assessed in respect of the income of such income
year after the date of succession.
(2)
Notwithstanding anything contained in sub-section (1), where the predecessor
cannot be found, the assessment of the income of the income year in which
the succession took place up to the date of succession and of the income
year or years preceding that year shall be made on the successor in like
manner and to the same extent as it would have been made on the predecessor,
and all the provisions of this Ordinance shall, so far as may be, apply
accordingly.
(3)
Where any tax payable under this section in respect of such business or
profession cannot be recovered from the predecessor, it shall be recoverable
from the successor, who shall be entitled to recover it from the predecessor.
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