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High Court, in summary judgment proceedings, grants order for judgment in respect of arrears of tax and interest arising from a contract for the sale of shares in a limited company, and the resultant tax liability attaching, on the grounds that the defendant's failure to appeal a 'notice of assessment' issued by the revenue commissioners provided it with no valid defence to the claim for summary judgment in circumstances where there are no judicial review proceedings in being regarding the procedure conducted under the applicable income tax legislation.
Summary judgment - arrears of tax and interest - €161,433.19 plus interest - former contract to sell shares in limited company - company in receivership, whether balance of consideration will ever be received - revised tax return submitted by respondent - defendant alleges she never received balance of funds from purchaser - share purchase agreement - receivership of company unconnected to proceedings and the defendant's outstanding tax liability - accountant's advices - no appeal taken against notice of assessment within time limits prescribed - no legal steps by defendant to recover outstanding consideration for purchase - any right of action now statute barred - principles for court to consider on such an application - whether taxation procedure engaged in was ultra vires the statutory provisions or that one or other of the statutory provisions was invalid - no valid defence to claim where no appeal lodged against notice of assessment - judgment granted.
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