On 18/05/2013,
you requested for the version in force on 18/05/2013
incorporating all amendments published on or before 18/05/2013.
The closest version currently available is that of 31/07/2005.
48.
—(1) Where the Comptroller is satisfied that any person has wilfully with intent to evade or to assist any other person to evade tax —
(a)
omitted or understated any output tax or overstated any input tax in any return made under this Act;
(b)
made any false statement or entry in any return, claim or application made under this Act;
(c)
given any false answer, whether verbally or in writing, to any question or request for information asked or made in accordance with the provisions of this Act;
(d)
prepared or maintained or authorised the preparation or maintenance of any false books of account or other records or falsified or authorised the falsification of any books of account or records; or
(e)
made use of any fraud, art or contrivance whatsoever or authorised the use of any such fraud, art or contrivance,
the Comptroller may to the best of his judgment assess by way of penalty for that offence a tax (referred to in this section as the penal tax) not exceeding 3 times the amount of tax which has or would have been undercharged in consequence of the offence or which would have been undercharged if the offence had not been detected and notify the person accordingly.
[25/96]
(2) Where an amount has been assessed and notified to any person under subsection (1), it shall, subject to the provisions of this Act as to review and appeals, be deemed to be an amount of tax due from him and may be recovered accordingly, unless, or except to the extent that, the assessment has subsequently been withdrawn or reduced.
(3) For the purposes of this section, notification to a personal representative, trustee in bankruptcy, receiver, liquidator or person otherwise acting as aforesaid shall be treated as notification to the person in relation to whom he so acts.
(4) The assessment or recovery of penal tax shall not be in any manner barred or affected by the fact that the person referred to in subsection (1) —
(a)
has been convicted of an offence under section 62 where the assessment or recovery of penal tax was made pursuant to an order made by the court on such conviction; or
(b)
has not been convicted of any offence under this Act but no proceedings shall be taken in respect of any offence against a person who has paid the penal tax assessed against him for that same offence.
(5) References in this section to evading tax and to making use of any fraud, art or contrivance whatsoever or authorising the use of any such fraud, art or contrivance shall be construed in accordance with section 62(5) and (3), respectively.
[NZ GST Act 1985, ss. 67, 68 and 73]