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11(1)Nothing in subsection (2) or (3) of section 29 of the Management Act (as substituted by section 191 of the [1994 c. 9.] Finance Act 1994) shall prevent an assessment being made under subsection (1) of that section in any case where—
(a)the loss of tax there mentioned is attributable to any failure to give effect to any of paragraphs 1, 2, 4, 6 and 8 to 10 above; and
(b)at the time when the assessment is made, the condition mentioned in sub-paragraph (3) below is fulfilled.
(2)Nothing in subsection (3) or (4) of section 30B of the Management Act (amendment of partnership statement where loss of tax discovered) shall prevent an amendment being made under subsection (1) of that section in any case where—
(a)the omission, deficiency or excess there mentioned is attributable to any failure to give effect to any of paragraphs 1, 2, 4, 6 and 8 to 10 above; and
(b)at the time when the amendment is made, the condition mentioned in sub-paragraph (3) below is fulfilled.
(3)The condition referred to in sub-paragraphs (1) and (2) above is that either—
(a)an assessment under section 9 of the Management Act or, as the case may require, a partnership statement under section 12AB of that Act has been made for the year 1997-98 and that assessment or statement is still capable of being amended; or
(b)no such assessment or, as the case may require, statement has been so made.
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