Section 26

Preservation of funds 

(1) Where the Commissioner has reasonable cause to believe that a person – 

(a) has made taxable supplies on which tax has not been charged; or 

(b) has collected tax which has not been accounted for; and 

(c) is likely to frustrate the recovery of tax if information on the Commissioner’s suspicion under this subsection is disclosed to him, the Commissioner may make an ex-parte application to the High Court, in this section referred to as “the Court”, and the Court may issue an order to any person or institution holding funds belonging to the person, prohibiting the transfer, withdrawal or disposal of, or any other dealings involving such funds.

(2) An order under subsection (1) shall be valid for thirty days and may be extended by the Court on application by the Commissioner.

(3) A person whose funds are the subject of an order under this section may, within fifteen days of being served with the order, apply to the Court to discharge or vary the order or dismiss the application under subsection (2).

(4) Where the Court has issued an order under this section, the Commissioner shall, within thirty days of the order, determine the tax due and payable, issue a notice of assessment to that person and commence recovery of such tax in accordance with the provisions of this Act.

(5) Upon issuance of a notice of assessment under subsection (4), the order shall automatically expire unless extended by the Court upon application by the Commissioner under subsection (2).

(6) A person served with an order under this section who, in any way, interferes with the funds to which the order relates commits an offence.

(7) A person who preserves funds or any account pursuant to a Court order issued under this section, shall for all purposes, be deemed to have acted within the authority thereof and such person and all other persons concerned shall be indemnified in respect of the actions taken in connection therewith, against all proceedings, civil or criminal and all process, judicial or extrajudicial, notwithstanding any provisions to the contrary in any written law, contract or agreement.

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