The Gazette 1967/71

client under deduction of tax and the agent must account to the revenue for the tax.

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

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