APPEAL AGAINST THE PROPERTY TAX ASSESSMENT.

Globe, Volume XXIV, Issue 2473, 10 March 1882, Page 4

APPEAL AGAINST THE PROPERTY TAX ASSESSMENT.

The Lyttelton Gas Company appealed against the assessment of the Commissioners for property tax, before J. Ollivier, Esq,, 8.M., at the Lyttelton B.M. Court yesterday morning.

Mr Nalder for the company, and Mr Joynl on behalf of the commissioner.

Mr Nalder took objection to tho as'eismmt upon the ground that it was inconsistent with the Property Tax Assessment Act of 1879, and specially dwelt upon the 36th clausa of the Act. Ho argued that the assessment of 1880 should prevail, because by this clause of the Act it was intended to have a duration of three years, and that under no circumstance could tho Amendment Act of 1881 be construed to affect valuations of property for the period between the Ist Aptil and the Ist October, 1881, the period fixed by the Property Tax Act as the period for which onehalf of the assessment should bear the tax of id in the £. He contended that the Act of 1881, while it might be read as part of tho Assessment Act of 1879, did not overrule that Act in any of its provisions, and, therefore, claimed the decision of tho Court in his favor.

Mr Joynt said he failed to comprehend the objection raised by his learned friend Mr Holder. If the Court agreed with that gentleman’s contention, there would, of course, bo an end to the case, but he would submit that it was impossible to arrive at such a decision. The Property Tax Act of 1881, like its predeoessor, did not create the tax; it only defined the period at which certain rate* to bo imposed under it were chargeable. Ae for example, from April Ist to October let a rate of id in the 20s, and for the rest of tho year of id, Por the purpose of fixing the taxable power wo had to go to tho Property Tax Assessment Acts of 1879 and 1881. The Act of 1879 certainly laid down certain principles, and Mr Nslder had correctly stated what it did under clause 36 ; but unfortunately for Mr Naldtr’s contention, the Act of 1881 materially modified, and, indeed, in some_ respects changed, its character, and especially so with regard to public companies, auoh as gas companies and like institutions, whose returns were oyer fluctuating. Clause 9 of the last named Act, and especially the sub-sections I’and 2, created now provisions, which were remarkably explicit upon the subject. It said that these returns were to be made every year, and in accordance with a fo«m prescribed ; and it said, further, that the returns should be made to comprise all property vested in the company up to 12 o’clock noon on tho let of October previous. The notice of the Commissioners was issued on the 20th October, and was made returnable on or before tho 25th of November, consequently the return of the company for the year was necessarily 'required to bo based upon its own balance sheet, made up to the 31st August, 1881. He contended that this statement of account, and no other, could bo deemed os showing the basis upon which the assessment could be made, and this was the only view of the matter which could, in his opinion, be a satisfactory solution of the difficulty.

Mr Nalder having been heard at some length in reply, Mr Ollivier took a short review of the case, and ruled “ that the assessment of the Commissioners must bo upheld.” The decision to carry counsel's fee.