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23 1961

FINANCE ACT, 1961

PART IV.

Stamp Duties.

Termination of stamp duty on receipts.

29. —(1) The stamp duty charged by the Stamp Act, 1891, under the heading “Receipt given for, or upon the payment of, money amounting to £2 or upwards” in the First Schedule to that Act shall cease to be chargeable.

(2) An agreement under section 24 of the Finance Act, 1957 , which was in force immediately before the commencement of this section shall not apply in relation to receipts issued after such commencement.

(3) This section shall come into operation on the 1st day of August, 1961, or the date of the passing of this Act, whichever is the later.

Limit on duty on certain instruments given by way of security.

30. —(1) The whole amount of duty payable under or by reference to the heading “Mortgage, Bond, Debenture, Covenant and Warrant of Attorney” in the First Schedule to the Stamp Act, 1891, on any instrument given by way of security to a company by a subsidiary of that company shall not exceed ten shillings.

(2) For the purposes of this section a company is a subsidiary of another company if, but only if, not less than ninety per cent. of its issued share capital is in the beneficial ownership of the other company.

(3) An instrument to which this section applies and which is stamped with an amount of duty less than the amount which, but for this section, would be chargeable shall not be deemed to be duly stamped unless the Revenue Commissioners have expressed their opinion thereon in accordance with section 12 of the Stamp Act, 1891, and the instrument is stamped with a particular stamp denoting that it is duly stamped.

Stamp duty on bills of exchange and promissory notes.

31. —(1) In the First Schedule to the Stamp Act, 1891, in lieu of the existing headings relating to bills of exchange and promissory notes there shall be inserted the following heading:

“BILL OF EXCHANGE or PROMISSORY NOTE—

£

s.

d.

drawn in the State

3

drawn outside the State

2”

(2) The duty on a bill of exchange or a promissory note under the foregoing subsection may be denoted by an adhesive stamp which, where the bill is drawn in the State, is to be cancelled by the person by whom the bill or note is signed before he delivers it out of his hands, custody or power.

(3) Subsection (2) of section 38 of the Stamp Act, 1891, shall apply to all bills of exchange which are presented for payment unstamped or insufficiently stamped subject to the modification that for the reference to one penny there shall be substituted a reference to the amount appropriate to enable the bill to be stamped with the duty under subsection (1) of this section or the balance of that duty (as the case may be).

(4) In subsection (1) of section 57 of the Finance Act, 1958 , the reference to the heading “Bill of Exchange payable on demand” shall be read as if it were a reference to the heading in subsection (1) of this section.

(5) Duty under subsection (1) of this section may be denoted by unappropriated stamps.

(6) The foregoing provisions of this section shall apply to—

(a) bills and notes drawn on or after the 1st day of August, 1961, or the date of the passing of this Act, whichever is the later,

(b) bills and notes drawn outside the State before that date but first becoming chargeable in accordance with section 35 of the Stamp Act, 1891, on or after that date,

and, so as to enable the Revenue Commissioners on the said date to terminate the supply of stamps appropriated to denote duty on bills of exchange and promissory notes, ad valorem duty at the rates in force before the said date on a bill of exchange or promissory note which, by virtue of the said section 35 or section 25 of the Finance Act, 1936 , is stamped on or after the said date may be denoted by unappropriated stamps which, notwithstanding anything in the Stamp Act, 1891, shall be impressed stamps.

(7) Any bill of exchange or promissory note drawn before the 1st day of August, 1961, or the date of the passing of this Act, whichever is the later, and stamped with an impressed stamp of sufficient amount but improper denomination shall be regarded as duly stamped.

Extension of application of section 42 of Finance Act, 1920.

32. —(1) (a) In this section—

stock” means any stock or security issued or made by or on behalf of a company incorporated under the Companies Acts, 1908 to 1959, and quoted on a Stock Exchange in the State;

dealing company” means a body corporate which is for the time being recognised by the Minister for Finance as dealing in stocks for the purpose of facilitating activity in the market for stocks.

(b) A recognition granted to a body corporate for the purposes of this section by the Minister for Finance may be withdrawn at any time by that Minister.

(2) Where a dealing company purchases stock through a member of a Stock Exchange in the State and the purchase is effected in the course of dealing for the purpose of facilitating activity in the market for stocks, subsections (1) and (2) of section 42 of the Finance Act, 1920, shall apply to the relevant transfer subject to the substitution of “four months” for “two months” in paragraph (a) and paragraph (b) of subsection (2), and for that purpose—

(i) for each reference in the subsections to a dealer, there shall be substituted a reference to the dealing company, and

(ii) for the reference in the proviso to subsection (1) to a transaction carried out by the dealer in the ordinary course of his business as such dealer, there shall be substituted a reference to a transaction carried out by the dealing company for the purpose of facilitating activity in the market for stocks.

Amendment of section 13 of Finance (No. 2) Act, 1947.

33. —(1) In the section “the 1947 section” means section 13 of the Finance (No. 2) Act, 1947 .

(2) The following subsection is hereby substituted for subsection (4) of the 1947 section:

“(4) The foregoing provisions of this section shall have effect if, but only if,—

(a) the Minister for Finance, on the recommendation (which shall be an excepted matter for the purposes of section 12 of the Land Act, 1950 ) of any two Lay Commissioners of the Land Commission, has authorised their application in relation to the conveyance or transfer, or

(b) the instrument contains a statement by the person to whom the property is being conveyed or transferred certifying—

(i) that the property is property situate in a county borough, borough, urban district or town, or

(ii) that the property is property which is being acquired for private residential purposes and does not include land exceeding five acres in extent, or

(iii) that the person who becomes entitled to the entire beneficial interest in the property (or, where more than one person becomes entitled to a beneficial interest therein, each of them) is either an Irish citizen or a person (other than a body corporate) who is for the time being ordinarily resident in the State and who was ordinarily resident in the State continuously during the three years immediately preceding the 15th day of October, 1947, or

(c) it is shown to the satisfaction of the Revenue Commissioners—

(i) that the property is property which is being acquired exclusively for the purposes of an industry other than agriculture, or

(ii) that the property is being acquired by a body corporate incorporated in the State in the case of which the issued shares of each class are, to an extent exceeding one-half (in nominal value) thereof, in the beneficial ownership of persons each of whom is within subparagraph (iii) of paragraph (b) of this subsection, or

(iii) that the property is being acquired by a body corporate not having a share capital incorporated in the State in the case of which a majority of its members is composed of persons each of whom is within subparagraph (iii) of paragraph (b) of this subsection and a majority of the persons exercising control and management of the body corporate is composed as aforesaid, or

(iv) that the property is being acquired by a body corporate incorporated in the State in the case of which the issued shares of each class are, to an extent exceeding one-half (in nominal value) thereof, in the beneficial ownership of persons each of whom either is within subparagraph (iii) of paragraph (b) of this subsection or is such a body corporate as is described in subparagraph (ii) or subparagraph (iii) of this paragraph.”

(3) The following paragraph is hereby substituted for paragraph (a) of subsection (7) of the 1947 section:

“(a) This subsection shall apply to every conveyance or transfer of lands, tenements and hereditaments, whether on sale or operating as a voluntary disposition inter vivos, unless—

(i) there is an authorisation under paragraph (a) of subsection (4) of this section in relation to the conveyance or transfer, or

(ii) the property is within one of the descriptions set out in subparagraphs (i) and (ii) of paragraph (b) and (i) of paragraph (c) of that subsection, or

(iii) the person becoming entitled to the entire beneficial interest in the property (or, where more than one person becomes entitled to a beneficial interest therein, each of them) either is within subparagraph (iii) of paragraph (b) or is such a body corporate as is described in subparagraph (ii), (iii) or (iv) of paragraph (c) of that subsection.”

(4) In a case in which subsection (5) of the 1947 section does not apply because the case falls within paragraph (a) or paragraph (c) of subsection (4) of that section, the relevant instrument shall not be deemed to be duly stamped unless the Revenue Commissioners have expressed their opinion thereon in accordance with section 12 of the Stamp Act, 1891, and the instrument is stamped with a particular stamp denoting that it is duly stamped.

(5) Where a person fails in showing to the satisfaction of the Revenue Commissioners that a transaction comes within subparagraph (ii), (iii) or (iv) of paragraph (c) of subsection (4) of the 1947 section, an appeal shall lie to the High Court from the decision of the Revenue Commissioners.

(6) Where, subsection (5) of the 1947 section having not applied in the case of a conveyance or transfer of property because the case fell within subparagraph (i) of paragraph (c) of subsection (4) of that section, the property has been retained by the person to whom it was conveyed or transferred but has not been used for the purposes of an industry other than agriculture within three years from the date of the relevant instrument—

(a) that instrument shall, notwithstanding that it has been stamped already, and irrespective of whether or not it has been stamped with a particular stamp denoting that it is duly stamped, again immediately become chargeable with stamp duty,

(b) that duty shall be chargeable at the rate of twenty-five pounds per cent. on the amount or value of the consideration, due allowance being made for the amount of the stamp duty already paid,

(c) if, at the expiration of thirty days after the instrument becomes again chargeable with stamp duty, it is not stamped in accordance with the foregoing paragraph, a sum equal to twice the amount of the duty unpaid shall thereupon be a debt due to the Minister for Finance for the benefit of the Central Fund by the said person.

(7) (a) For the purposes of paragraph (c) of subsection (4) of the 1947 section, the Revenue Commissioners may require the delivery to them of statutory declarations in such form as they may direct and of such further evidence, if any, as they may require.

(b) The powers conferred on the Revenue Commissioners by paragraph (a) of this subsection are in addition to, and not in substitution for, the powers conferred on them by section 12 of the Stamp Act, 1891.

(8) (a) Where a person makes a false statement or declaration for the purposes of establishing that an instrument is not chargeable with stamp duty at the rate provided for by subsection (5) of the 1947 section, such person shall be guilty of an offence and shall be liable on summary conviction to a fine of five hundred pounds, or at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(b) Where an offence under this subsection is committed by a body corporate and is proved to have been committed under the authority of, or with the consent or approval of, any director, manager, secretary or other officer of the body corporate, such director, manager, secretary or other officer shall also be deemed to have committed the offence and shall be liable to be proceeded against and punished accordingly.

(c) Subsection (4) of section 10 of the Petty Sessions (Ireland) Act, 1851, shall not apply in relation to an offence under this subsection.

(9) (a) In this subsection “property” means lands, tenements or hereditaments,

(b) Where, by virtue of an instrument executed on or after the 20th day of April, 1961, and before the commencement of this section, property other than—

(i) property situate in a county borough, borough, urban district or town, or

(ii) property which has been acquired exclusively for the purposes of an industry other than agriculture, or

(iii) property which has been acquired for private residential purposes and does not include land exceeding five acres in extent,

stands conveyed or transferred to a body corporate other than a body corporate such as is described in subparagraph (ii), (iii) or (iv) of paragraph (c) of subsection (4) of the 1947 section, the following provisions shall have effect if the instrument is not already stamped with stamp duty at the rate provided for by subsection (5) of the 1947 section:

(I) it shall, notwithstanding that it may have been stamped already and irrespective of whether or not it has been stamped with a particular stamp denoting that it is duly stamped, immediately on the commencement of this section again become chargeable with stamp duty,

(II) that duty shall be chargeable at the rate of twenty-five pounds per cent. on the amount or value of the consideration, due allowance being made for the amount of any stamp duty already paid,

(III) if at the expiration of thirty days from the commencement of this section, the instrument is not stamped in accordance with the foregoing subparagraph, a sum equal to twice the amount of the duty unpaid shall thereupon be a debt due to the Minister for Finance for the benefit of the Central Fund by the body corporate.

(10) In section 26 of the Finance Act, 1949 ,—

(a) “property” shall not include—

(i) lands, tenements or hereditaments which at the date of the relevant conveyance or transfer were within one of the descriptions set out in subparagraphs (i) and (ii) of paragraph (b) and (i) of paragraph (c) of subsection (4) of the 1947 section, or

(ii) lands, tenements or hereditaments in respect of the conveyance or transfer of which there is an authorisation under paragraph (a) of that subsection,

(b) “Irish body corporate” shall be construed as meaning such a body corporate as is described in subparagraph (iv) of paragraph (c) of subsection (4) of the 1947 section,

(c) in subsection (1) for “the paragraphs (a) to (e)” and in subsection (4) for “paragraphs (a) to (e)” there shall be substituted “subparagraphs (iii) of paragraph (b) and (ii) and (iii) of paragraph (c)”.

(11) (a) Any sum being a debt due to the Minister for Finance in accordance with this section shall be payable to the Revenue Commissioners and shall be recoverable at the suit of the Attorney General in any court of competent jurisdiction.

(b) The Revenue Commissioners may, if they think fit, mitigate or remit any sum recoverable under paragraph (a) of this subsection.

(12) The Revenue Commissioners shall furnish to the Land Commission particulars of all conveyances and transfers coming to their notice where stamp duty is chargeable at the rate provided for by subsection (5) of the 1947 section or where the case falls within subparagraph (i) of paragraph (c) of subsection (4) of that section.

(13) This section shall come into operation on the 1st day of August, 1961, or the date of the passing of this Act, whichever is the later.

Amendment of section 24 of Finance Act. 1949.

34. —(1) In this section “the 1949 section” means section 24 of the Finance Act, 1949 .

(2) The following subsection is hereby substituted for subsection (4) of the 1949 section:

“(4) The foregoing provisions of this section shall have effect if, but only if,—

(a) the Minister for Finance, on the recommendation (which shall be an excepted matter for the purposes of section 12 of the Land Act, 1950 ) of any two Lay Commissioners of the Land Commission, has authorised their application in relation to the lease, or

(b) the instrument contains a statement by the lessee certifying—

(i) that the property is situate in a county borough, borough, urban district or town, or

(ii) that the lessee's interest under the lease is being acquired for private residential purposes and does not include an interest in land exceeding five acres in extent, or

(iii) that the person who becomes entitled to the entire beneficial interest in the lessee's interest under the lease (or, where more than one person becomes entitled to a beneficial interest therein, each of them) is either an Irish citizen or a person (other than a body corporate) who is for the time being ordinarily resident in the State and who was ordinarily resident in the State continuously during the three years immediately preceding the 15th day of October, 1947, or

(c) it is shown to the satisfaction of the Revenue Commissioners—

(i) that the lessee's interest under the lease is being acquired exclusively for the purposes of an industry other than agriculture, or

(ii) that the lessee's interest under the lease is being acquired by a body corporate incorporated in the State in the case of which the issued shares of each class are, to an extent exceeding one-half (in nominal value) thereof, in the beneficial ownership of persons each of whom is within subparagraph (iii) of paragraph (b) of this subsection, or

(iii) that the lessee's interest under the lease is being acquired by a body corporate not having a share capital incorporated in the State in the case of which a majority of its members is composed of persons each of whom is within subparagraph (iii) of paragraph (b) of this subsection and a majority of the persons exercising control and management of the body corporate is composed as aforesaid, or

(iv) that the lessee's interest under the lease is being acquired by a body corporate incorporated in the State in the case of which the issued shares of each class are, to an extent exceeding one-half (in nominal value) thereof, in the beneficial ownership of persons each of whom either is within subparagraph (iii) of paragraph (b) of this subsection or is such a body corporate as is described in subparagraph (ii) or subparagraph (iii) of this paragraph.”

(3) The following paragraph is hereby substituted for paragraph (a) of subsection (7) of the 1949 section:

“(a) This subsection shall apply to every lease such as is referred to in the foregoing subsections of this section, whether it is or is not a lease operating as a voluntary disposition inter vivos, unless—

(i) there is an authorisation under paragraph (a) of subsection (4) of this section in relation to the lease, or

(ii) the property is within the description set out in subparagraph (i) of paragraph (b) of that subsection, or

(iii) the lease falls within subparagraph (ii) of paragraph (b) or subparagraph (i) of paragraph (c) of that subsection, or

(iv) the person becoming entitled to the entire beneficial interest in the lessee's interest under the lease (or, where more than one person becomes entitled to a beneficial interest therein, each of them) is within subparagraph (iii) of paragraph (b) or is such a body corporate as is described in subparagraph (ii), (iii) or (iv) of paragraph (c) of that subsection.”

(4) In a case in which subsection (5) of the 1949 section does not apply because the case falls within paragraph (a) or paragraph (c) of subsection (4) of that section, the relevant instrument shall not be deemed to be duly stamped unless the Revenue Commissioners have expressed their opinion thereon in accordance with section 12 of the Stamp Act, 1891, and the instrument is stamped with a particular stamp denoting that it is duly stamped.

(5) Where a person fails in showing to the satisfaction of the Revenue Commissioners that a transaction comes within subparagraph (ii), (iii) or (iv) of paragraph (c) of subsection (4) of the 1949 section, an appeal shall lie to the High Court from the decision of the Revenue Commissioners.

(6) Where, subsection (5) of the 1949 section having not applied in the case of a lease of property because the case fell within subparagraph (i) of paragraph (c) of subsection (4) of that section, the lessee's interest in the property has been retained by the lessee but the property has not been used for the purposes of an industry other than agriculture within three years from the date of the relevant instrument—

(a) that instrument shall, notwithstanding that it has been stamped already, and irrespective of whether or not it has been stamped with a particular stamp denoting that it is duly stamped, again immediately become chargeable with stamp duty,

(b) that duty shall be chargeable at the rate of twenty-five pounds per cent. on the amount or value of any consideration for the lease which consists of money, stock or security (other than rent), due allowance being made for the amount of the stamp duty already paid,

(c) if, at the expiration of thirty days after the instrument becomes again chargeable with stamp duty, it is not stamped in accordance with the foregoing paragraph, a sum equal to twice the amount of the duty unpaid shall thereupon be a debt due to the Minister for Finance for the benefit of the Central Fund by the lessee.

(7) (a) For the purposes of paragraph (c) of subsection (4) of the 1949 section, the Revenue Commissioners may require the delivery to them of statutory declarations in such form as they may direct and of such further evidence, if any, as they may require.

(b) The powers conferred on the Revenue Commissioners by paragraph (a) of this subsection are in addition to, and not in substitution for, the powers conferred on them by section 12 of the Stamp Act, 1891.

(8) (a) Where a person makes a false statement or declaration for the purposes of establishing that an instrument is not chargeable with stamp duty at the rate provided for by subsection (5) of the 1949 section, such person shall be guilty of an offence and shall be liable on summary conviction to a fine of five hundred pounds, or at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(b) Where an offence under this subsection is committed by a body corporate and is proved to have been committed under the authority of, or with the consent or approval of, any director, manager, secretary or other officer of the body corporate, such director, manager, secretary or other officer shall also be deemed to have committed the offence and shall be liable to be proceeded against and punished accordingly.

(c) Subsection (4) of section 10 of the Petty Sessions (Ireland) Act, 1851, shall not apply in relation to an offence under this subsection.

(9) (a) In this subsection “property” means lands, tenements or hereditaments.

(b) Where, by virtue of a lease executed on or after the 20th day of April, 1961, and before the commencement of this section, property other than—

(i) property situate in a county borough, borough, urban district or town, or

(ii) property in which the lessee's interest under the lease has been acquired exclusively for the purposes of an industry other than agriculture, or

(iii) property in which the lessee's interest under the lease has been acquired for private residential purposes and does not include an interest in land exceeding five acres in extent,

stands leased to a body corporate other than a body corporate such as is described in subparagraph (ii), (iii) or (iv) of paragraph (c) of subsection (4) of the 1949 section, the following provisions shall have effect if the instrument is not already stamped with stamp duty at the rate provided for by subsection (5) of the 1949 section:

(I) it shall, notwithstanding that it may have been stamped already and irrespective of whether or not it has been stamped with a particular stamp denoting that it is duly stamped, immediately on the commencement of this section again become chargeable with stamp duty,

(II) that duty shall be chargeable at the rate of twenty-five pounds per cent. on the amount or value of any consideration which consists of money, stock or security (other than rent), due allowance being made for the amount of any stamp duty already paid,

(III) if at the expiration of thirty days from the commencement of this section, the instrument is not stamped in accordance with the foregoing subparagraph, a sum equal to twice the amount of the duty unpaid shall thereupon be a debt due to the Minister for Finance for the benefit of the Central Fund by the body corporate.

(10) Subsection (2) of section 16 of the Finance Act, 1950 , shall have effect as if the reference therein to a statement by the lessee included a reference to a statement under paragraph (b) of subsection (4) of the 1949 section.

(11) (a) Any sum being a debt due to the Minister for Finance in accordance with this section shall be payable to the Revenue Commissioners and shall be recoverable at the suit of the Attorney General in any court of competent jurisdiction.

(b) The Revenue Commissioners may, if they think fit, mitigate or remit any sum recoverable under paragraph (a) of this subsection.

(12) The Revenue Commissioners shall furnish to the Land Commission particulars of all leases coming to their notice where stamp duty is chargeable at the rate provided for by subsection (5) of the 1949 section or where the case falls within subparagraph (i) of paragraph (c) of subsection (4) of that section.

(13) This section shall come into operation on the 1st day of August, 1961, or the date of the passing of this Act, whichever is the later.

Rates of certain stamp duties under Stamp Act, 1891.

35. —Where the Revenue Commissioners are of opinion—

(a) that on or after the 1st day of August, 1961, or the date of the passing of this Act, whichever is the later, lands, tenements or hereditaments have passed into the beneficial ownership, possession, occupation or control of any person (in this section referred to as the occupier), and

(b) that the passing has resulted from any arrangement or arrangements the main purpose or one of the main purposes of which was the avoidance or reduction of liability to stamp duty under the Stamp Act, 1891, at the rate provided for by subsection (5) of section 13 of the Finance (No. 2) Act, 1947 , or subsection (5) of section 24 of the Finance Act, 1949 ,

the following provisions shall have effect—

(i) (I) the Revenue Commissioners may by notice in writing require the occupier to deliver to them, within thirty days after the date of the requisition (or, in the case of an appeal under paragraph (vi) of this section against a decision of the Revenue Commissioners not to cancel the requisition which is decided in favour of the Revenue Commissioners or is withdrawn, within thirty days after the date of the decision or withdrawal, as the case may be) a statement in writing containing such particulars as they may require in relation to the passing, and

(II) the occupier shall comply with the requisition,

(ii) the statement shall—

(I) be charged with the amount of stamp duty with which it would be charged, and

(II) be subject to the statutory provisions to which it would be subject,

if it were a conveyance or transfer on sale of the fee simple interest in the lands, tenements or hereditaments, free from all incumbrances, made to the occupier for a consideration in money equal to the value of such interest and executed on the date of the passing, due allowance being made for the amount of any stamp duty already paid in relation to the passing: provided that if, within thirty days after the date of the requisition under paragraph (i) of this section, the occupier shows cause to the satisfaction of the Revenue Commissioners why the requisition under paragraph (i) of this section should be cancelled, the Revenue Commissioners shall cancel the requisition and the statement, if any, delivered pursuant thereto,

(iii) the provisions of subsection (8) of section 33 and subsection (8) of section 34 of this Act shall apply in relation to the statement,

(iv) where the occupier has not complied with the requisition under paragraph (i) of this section and has not shown cause to the satisfaction of the Revenue Commissioners why the requisition should be cancelled, the Revenue Commissioners may prepare a statement in writing of the particulars in relation to the passing as they appear to them and deliver a copy thereof to the occupier and, upon delivery of the copy, the statement shall be deemed to be the statement delivered in accordance with the requisition under paragraph (i) of this section: provided that—

(I) if, within thirty days after the date of the delivery to him of the copy aforesaid, the occupier shows cause to the satisfaction of the Revenue Commissioners why the statement should be cancelled, the Revenue Commissioners shall cancel the statement, and

(II) if, within thirty days after the delivery to him of the copy aforesaid, the occupier shows cause to the satisfaction of the Revenue Commissioners why the particulars contained in the statement should be modified, the Revenue Commissioners shall modify them,

(v) (I) subject to clause (II) of this paragraph, if, at the expiration of thirty days after the date (being, in case an appeal is brought under paragraph (vi) of this section, a date after the date of the determination or withdrawal, as the case may be, of the appeal, and, in any other case, a date after the date of the expiration of the time for any appeal which may be brought under that paragraph) on which the Revenue Commissioners have notified the occupier of the amount of duty chargeable on the statement, the statement is not stamped in accordance with paragraph (ii) of this section, a sum equal to twice the amount of the duty unpaid shall thereupon be a debt due to the Minister for Finance for the benefit of the Central Fund by the occupier,

(II) clause (I) of this paragraph does not apply to a statement delivered in accordance with the requisition under paragraph (i) of this section the cancellation of which has been effected by the Revenue Commissioners or directed by the Court on appeal under paragraph (vi) of this section and, in the case of a statement the particulars of which have been modified by the Revenue Commissioners or have been directed by the Court, on appeal under the said paragraph (vi), to be modified, clause (I) of this paragraph applies to the statement subject to the modification effected or directed as aforesaid,

and

(vi) where the occupier fails in showing cause to the satisfaction of the Revenue Commissioners why the requisition under paragraph (i) of this section should be cancelled or why the statement prepared by the Revenue Commissioners should be cancelled or why the particulars contained in the statement prepared by the Revenue Commissioners should be modified, an appeal shall lie to the High Court from the decision of the Revenue Commissioners.