AH1820 - Special Commissioners: The Hearing: Adjourned cases


Where the Commissioners require the production of further evidence in connection with an appeal, but, without issuing a formal notice for information, wish to impose a time limit for its production by the appellant, the following is considered to be an appropriate form of order

`Appeal adjourned: [information] to be furnished within ..... days from this date. If such information is not furnished within the time stated the assessment (amendment) will (may) be confirmed.'

An order in this form, while not effective as a final determination of the appeal, should normally lead to production of the information and enable the liability to be agreed without a further hearing by the Commissioners.

If, however, the information is not produced within the specified time, the assessment cannot be treated as confirmed. The adjourned appeal must be listed for further hearing and determined by the Commissioners. Similar action should be taken in cases in which the form of order is `Confirmed unless [information] supplied within ... days', or in other terms which imply a contingent determination of the appeal.