Magistrates Court Company Fined For Not Making Return Of Income

Press, Volume XCVIII, Issue 28800, 22 January 1959, Page 18

Magistrates Court Company Fined For Not Making Return Of Income

The actions of the Department of Inland Revenue in assessing Perrys Shoes, Ltd., income on a basis that took an average of about 24s in the £ of its factual earnings for five successive years had destroyed the company’s footwear manufacturing and distributing enterprise and had, for the time being, prevented the company from filing.a return of income, said Clifford Keith Perry, managing director and chairman of Perrys Shoes, Ltd, in the Magistrate’s Court yesterday.

Perrys Shoes, Ltd, was fined £2 by Mr A. P. Blair, S.M, on a charge of failing to furnish a return of income for 1957." C. K. Perry, who appeared for the company, pleaded not guilty. Mr C. M. Roper prosecuted. Arthur Joseph de Lore, an assessment clerk employed by the Department of Inland Revenue,said a warning letter was sent to the company and a reply was received that the return would be filed when the directors returned from overseas.

To Perry de Lore said a cheque for £5OOO had been enclosed with ; the reply to the warning letter. Perry, making a statement on ■ oath,' said the proceedings were 1 persecution and not prosecution, i The company considered it a public duty, in the interests of tax- , payers generally, to defefid the ’ case. 'Die company had not re- ■ fused to supply the return of in- ■ come and had never been and ' was not now a tax defaulter. The . department had been fully in- - formed of the impossibility of ’ providing an accurate return be- ; cause of the extensive amount of i work required on a great amount of detailed information, and he ’ was the _pnly one in the com- . pany in a position to do this work which was being done as : fast as possible.? , The company, said Perry, had ’ employed a staff of 139, pianufactunng top grade footwear which was sent throughout the Dominion, blit the unlawful actions of the department had forced the closure of the factory, z Whether or not what Perry had stated was true was not.for the Court to consider, said the Magistrate. There were other legal channels whereby the company could ventilate its 'dispute with the department.

“It is clear from what Perry said that the company has not filed a return of income for 1957. Its reasons for not doing so may or may not be good, but a conviction must be entered.” said the Magistrate.

RANGER OBSTRUCTED > Norman Lovelace was fined £lO ’ for obstructing an officer in the , execution of his duties under the I Fisheries Act, and £3 for a breach 1 of the Whitebait Fishing Regula- . tions. Lovelace did not appear. Mr C. M. Roper, for the District Inspector at Fisheries, said that Ranger V. Henderson had been at Stewarts Gully and had seen Lovelace standing near a set net in the Waimakariri river, obviously used to take whitebait. The ranger had asked Lovelace to remove the net, and he had refused. When asked his name Lovelace had refused to give it, said Mr Roper. He had then given a number qf names, and said that one of them might be his. He had then given a false name and address, and again refused to re- " m °y e net. 1; When the ranger attempted to UremqYtt the net from the river a ifliefe.? developed, and Lovelace to throw the ranger iJnto the river, said Mr Roper. The net had been got ashore, and about three-quarters of a pound Whitebait was found in it A brief tugrof-war had developed <m the shore, but Lovelace had finally given his correct npme and address. OVERCHARGE FOR MILK Leonard Harvey Dew, a milk vendor (Mr P. G. Hill), was fined £ 1 on each, of five charges of selling milk not in conformity with the price orders: A plea of guilty was entered on each charge. Mr J. G. Hutchison, who prosecuted, said the defendant had been overcharging Id a gallon on milk delivered to two social committees at the Addington railway workshops. Mr Hill said the charges were made in ignorance of the correct I price. The defendant had taken

over the milk round from his brother and the notices concerning the price were being, sent to his brother’s address and he had not sent them on immediately.

NO BUILDING PERMIT Murray J. Atkinson, a builder, was fined £8 on a charge of erecting a garage with studs less than the size specified in the standard code of ,'by-laws adopted by the Christchurch City Council, and £5 for erecting a garage without a permit. Mr G. Lascelles, who prosecuted, said that the Christchurch City Council considered that the offences were a flagrant breach of the regulations by a builder who should know better. FOOD REGULATION BREACH Frank Lyman was fined £8 oh a charge of adding preservative to meat on September 17 contrary to the provisions of the Food and Drugs Regulations. NO INCOME RETURNS Percival David Scrimgeour (Mr P. G. S. Penlington) was fined £2T on each of two charges of failing to make a return of income. ABSENCE FROM SCHOOL A man whose name was suppressed was fined £2 5s on a charge of failing to see that his 14-year-old daughter attended school. Mr J. G. Leggat appeared for the Canterbury Education Board. FINED £5 Ronald Dominic Dineen, who did hot appear, was fined £5 on a charge of having possession of a weighting instrument without authority. . NO DOG LICENCES The following were fined for having an unregistered dog:— Prosecutions brought by the Christchurch City Council: Ruby y. W. Stephenson, £2: Kathleen M. McGrath, £2; Percy K. Rondel, £2: Walton G. Thomas. £2; Paul lan Alleway, £2 for each of two dogs; Raymond Cassidy, £1; D. McGuire, £2; Archibald Bruce McKenzie. £2; Mrs R. E. Curline,- £2. Prosecutions brought by the Paparua County

Council: L. G. Laurence, £2; A. N. Lee, £2. (Before Messrs S. F. Marshall and L. C. Fulford, Justices of the Peace) COMMITTED FOR TRIAL 1 A young man who appeared on a charge of attempted rape was committed to. the Supreme Court for trial, and an order was made for the suppression of his name He was admitted to a personal bail of £lOO, with one surety of £lOO, and ordered to report daily to the police. TRUCK CONVERSION CHARGE Reginald John Hills was committed for trial at, the next sitting of the. Supreme Court on a charge of converting a truck on December 16, the property of Albert Henry Markham. Bail was renewed and Hills was ordered to report daily to the police.