Seventh Schedule, The Income Tax Act, 2000

CAPITAL ALLOWANCE DEDUCTION Depreciable assets are classified into groups with depreciation rates as follows— Group Assets Included 1. Plant, machinery and equipment, including automobiles and trucks 2. All other tangible depreciable assets except buildings, and intangible depreciable assets 3. Buildings used to house industrial, manufacturing, or agricultural activities 4. Buildings used to house commercial activities other than those described in group 3 5. Buildings other than those described in groups 3 and 4 Rate of Capital Allowance 40% 5% EIGHTH SCHEDULE (Section 141 (2)) I NCOME TAX B OARD OF A PPELLATE COMMISSIONERS 1. Where the appellant is not represented by a legal practitioner or accountant, and the onus of proof is on him, the Chairman may ask the Commissioner to open proceedings with a concise summary of the points at issue. (2) Where the appellant is represented and the onus of proof is on him, the proceedings shall normally take the following order— a) the appellant’s representative opens the case for the appellant; b) the appellant may be examined under oath by his representative; c) the appellant may be cross-examined by the Commissioner; d) the appellant may be re-examined by his representative; e) the appellant’s witnesses may in turn each be examined, cross-examined, and re-examined; f) the appellant’s representative summarises the appellant’s case; g) the Commissioner opens his case; h) the Commissioner’s witnesses may in turn each be examined, cross-examined, and re-examined; i) the Commissioner summarises his case; j) the appellant’s representative replies. 3. This order of proceeding may be amended as the parties to the hearing agree or as the Chairman decides, and any variation in the order of proceeding will not of itself invalidate the decision of the Board. 4. If in considering an appeal under subsection (9) of section 137 the Board is satisfied that— a) the taxpayer was not substantially negligent in contributing to the delay in filing the objection; b) the taxpayer filed his late objection without unreasonable further delay; and c) the taxpayer would be materially injured by a refusal of his late objection, the Board shall instruct the Commissioner to treat the late objection as if it were made under subsection (1) of section 137. 5. The Board may decide any appeal in the absence of the appellant and his representative, but where satisfied that an appellant’s absence is due to sickness or other reasonable cause, the Board may permit the postponement of the hearing for a period not exceeding three months. 6. The Commissioner may be present at and throughout any appeal hearing if he so wishes.